Minnesota Criminal Law Frequently Asked Questions

When can the police stop me on the street?

When can police stop my car?

When can police pat me down?

What are my rights when being questioned by police prior to arrest?

What are my rights when being questioned by police after arrest?

When can police search my car?

When can police search my home?

What are the steps in a criminal case?

What is the difference between a petty misdemeanor, misdemeanor, gross misdemeanor and felony?

How long can I be held (jailed) after arrest?

Will I get released prior to trial?

When do I have the right to an attorney?

How much will hiring an attorney cost me?

 

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When can the police stop me on the street?
 

Basically there is nothing that prevents police from talking to anyone on the street. A person also has an equal right to ignore the officer and walk away. You have the absolute right to not speak to the police.

 

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 When can police stop my car?
 

Police can stop vehicles when they have reasonable grounds. Examples include traffic violations, mechanical defects, or questionable driving conduct. Just because the police stopped your vehicle does not mean that they had reason to. The basis for automobile stops often serves as a good basis for suppression of evidence.

 

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 When can police pat me down?
 

If officers have reasonable suspicion to believe that the person poses a danger, the police can conduct a limited pat down search commonly referred to as “stop and frisk.” Remember in most cases you may simply walk away. If a stop and frisk occurs, the police must not extend the search beyond a search for weapons or other dangerous items.

 

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 What are my rights when being questioned by police prior to arrest?
 

During an investigation absent probable cause to make an arrest a person has no duty to speak with police. This does not mean that police cannot ask questions, rather, it means that a person being questioned can exercise their rights to discontinue contact with police and simply walk away. If the police persist in questioning or do not allow you to walk away, you need to tell them “I want to speak with a Criminal Lawyer.”

 

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 What are my rights when being questioned by police after arrest?
 

After arrest the police are required to read the Miranda warning. The rights afforded under the Miranda warnings are: (1). The right to remain silent; (2). Anything you say can and will be used against you in a court of law; (3). You have the right to an attorney and to have that attorney present during questioning; (4). If you cannot afford an attorney one will be appointed for you. At this point an arrested person should not speak to police and should ask to speak with a Criminal Defense Attorney.

 

Do not waive those rights, no matter what offers the police are making. Do not talk with anyone other than an attorney, whether that be family or friends, police or anyone in jail about your criminal matter. Exercise your right to an attorney once arrested. A person has to make a demand for a Criminal Attorney in no uncertain terms. “I want to speak with an attorney.”

 

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 When can police search my car?
 

The general rule is that police may only search a vehicle, without a warrant, if they have probable cause to believe that a crime has been committed and believe that there is evidence of the crime in the vehicle. Because this is a highly litigated area of criminal law, it is best to consult an Criminal Defense Lawyer when your vehicle has been subject to police search.

 

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 When can police search my home?
 

Search of a person’s home is protected by the United States Constitution as well as the Minnesota Constitution. Specifically the Fourth Amendment of the United States Constitution reads, “The right of the people to be secure in their persons houses, papers and effects against unreasonable searches and seizures, shall not be violatedĽ” Generally to search a home police need a valid search warrant. In all other cases, absent a search warrant, police need to show special reasons. Warrants are not always obtained in a reasonable manner and warrants are not always executed in a reasonable manner, therefore you need to contact a Minnesota Lawyer to ensure that your Constitutional rights are upheld.

 

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What are the steps in a criminal case?
 

Most criminal cases start with an arrest or an investigation, which leads to the issuance of a warrant, summons or indictment. After arrest some persons will be released with citation containing a summons to appear in court for a first appearance or a person will be booked and held prior to the first appearance. At the first appearance (Rule 5) an accused person will be advised of the charges and informed of the right to an attorney (a continuance will be granted to a person requesting to meet with an attorney). In misdemeanor and petty misdemeanor cases a plea can be entered.

 

After the first appearance, if consolidation has not occurred, an arraignment will be scheduled. At the arraignment (Rule 8) a judge will ask if the defendant wishes to plead guilty. If the defendant does not want to plead guilty the court will not ask for any other plea. The arraignment will then be continued to the Omnibus Hearing (Rule 11) where the defendant will enter a plea. Also, at the Omnibus Hearing any challenges to evidence will be heard in a type of mini trial, where each side may cross examine the others witness. If a plea of not guilty is entered the case is then scheduled for trial.

 

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What is the difference between a petty misdemeanor, misdemeanor, gross misdemeanor and felony?
 

A petty misdemeanor is not considered a crime, a crime is something you can go to jail for. In most cases petty misdemeanors are traffic tickets and lower level incidents where the maximum penalty is a fine of $300.00.

A misdemeanor is considered a crime because the maximum penalty is up to 90 days in jail or a $1,000.00 fine or both. In Minnesota misdemeanors are considered a low level crime and in many cases if found guilty the penalty can be negotiated to involve a period of probation and a fine.

A gross misdemeanor is the highest level misdemeanor and provides for a penalty of up to 1 year in jail or a fine of up to $3,000.00 or both.

A felony is the highest level of crime in Minnesota. Conviction of a felony carries with it the possibility of a fine over $3,000.00 or a prison sentence of more than 1 year or both.

 

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How long can I be held (jailed) after arrest?
 

Whenever a person has been arrested without a warrant, he or she may not be detained for longer than 48 hours from the time of arrest unless a complaint has been signed by a judge and a determination has been made to justify continued detention.

 

In instances where a person is arrested without a warrant, the person must be brought before a judge without unnecessary delay and in no case more that 36 hours after arrest.

 

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Will I get released prior to trial?
 

In Minnesota, the Rules of Criminal Procedure indicate a strong preference for pretrial release. The vast majority of defendants are released on their promise to return for the next hearing or trial. When the court determines that the defendant poses a risk of not appearing bail can be demanded prior to release. Both the United States and Minnesota Constitutions prohibit excessive bail.

 

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When do I have the right to an attorney?
 

A person accused of a crime has the right to an attorney starting at the first court appearance. Regardless of whether you intend to plead guilty or not guilty the aid of an attorney is instrumental. Contact an attorney at Bolinske & Bolinske to ensure your rights are protected.

 

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How much will hiring an attorney cost me?
 

At Bolinske & Bolinske, we realize that individuals do not plan on having a criminal law problem. Some criminal law cases are handled on a flat fee basis. In flat fee cases, we will give you the price for your representation up-front. For those cases where flat fees are not possible, use a retainer and are paid hourly for our services.

 

We practice in: Hennepin, Ramsey, Scott, Dakota, Anoka, Carver, and Washington Counties and in the Cities of Minneapolis, St. Paul, Bloomington, Plymouth, Brooklyn Park, Eagan, Coon Rapids, St. Louis Park, Edina, Minnetonka, Eden Prairie, Maple Grove, Burnsville, among others.

 

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