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The answer to this question depends upon the nature of your charges. In most cases, if you retain an experienced criminal attorney, you have a much better chance of prevailing in your case, or receiving a lighter sentence if you are convicted.

First, don't speak to the police or an opposing attorney without your own counsel present. Though they may seem sympathetic, you run the risk of incriminating yourself. The standard "anything you say can and will be used against you" really is true.

The Fourth Amendment has graced more dismissal orders than any other Amendment. We as Americans are very lucky to have its protection, for we are the only country in the world where if evidence is seized in violation of its beautiful prose, the evidence is dismissed, suppressed and done away with. Gone. The Fourth Amendment of the United States Constitution protects individuals against unreasonable searches and seizures by law enforcement officers. The Fourth Amendment of the United States Constitution provides: “The right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” Article I, section 10, of the Minnesota Constitution is nearly identical to the Fourth Amendment, but the Minnesota Supreme Court has at times afforded individuals greater protection against unlawful searches and seizures under the Minnesota Constitution than that available under the Federal Constitution. Protection of the home is at the core of the Fourth Amendment, but protection also applies to persons, papers, and effects.

Quick answer: Get a lawyer. Now. Do not represent yourself. Remember the quote, "A man who is his own lawyer has a fool for a client." We’ll, its true, especially for felony offenses. In Minnesota, crimes range from a misdemeanor level to a felony. Felonies are the most serious. The usual definition is that a felony is any crime that may be punished by more than a year’s imprisonment, and up to death. A statute may not specifically label an offense as a felony, but the punishment defines the offense as a felony. Felonies are categorized in levels of seriousness. The Minnesota Sentencing guidelines (see http://www.msgc.state.mn.us) provide a Grid that is used to give an offense a presumptive sentence. Felonies include both violent and non-violent crimes, such as grand theft, embezzlement of money, assault that causes severe bodily harm, all degrees of murder, rape, racketeering, large-scale fraud, kidnapping, and serious drug crimes. There are hundreds of felony offenses. See the Minnesota Criminal Code to explore your crime. (https://www.revisor.mn.gov/statutes/?id=609)

In Minnesota, you absolutely have a right to contact an attorney before deciding whether to take a blood, breath or urine test, so long as it does not interfere with or unreasonably delay the testing process. However, do not get confused with this answer. You do have a right to consult with a lawyer prior to taking the blood, breath or urine test at the police station however you do NOT have a right to consult with a lawyer prior to taking the PBT (preliminary breath test) at the scene of the arrest (usually outside of your car after you have miserably failed the field sobriety tests … FYI, do not take the field sobriety tests, do take the PBT).

The honest answer: Probably not. Due to popular television shows, most people think that the failure of the police officer to read you your Miranda rights results in the dismissal of your case. Nope. You are only entitled to Miranda if you are in custody and are about to be interrogated (questioned). The term “in custody” has various meanings however. You are certainly in custody when you are in jail. However, I once convinced a judge to suppress statements and field sobriety tests because my client was not read his Miranda rights prior to being questioned outside on his front lawn by an officer with his gun drawn. Case over.

If you are convicted of a felony, you will find that your rights may be restricted more than those of a person convicted of a misdemeanor. Convicted felons usually serve more time incarcerated, and the conditions of their incarceration generally are more severe. There are many other consequences. You will not be able to serve on a jury. You may lose their right to vote, or to engage in some professions, like teaching or law. Felons are often prohibited from serving in the military, or owning firearms. In addition, as noted above, many states have so-called “three strikes” laws that require that a person be sentenced to life upon his or her third felony conviction. Bottom line, contact a criminal defense attorney as soon as possible if facing a felony charge.

Crimes that are regarded as less serious are referred to as misdemeanors. A misdemeanor usually is punishable by a fine (up to a $1,000.00 in Minnesota), or by incarceration in a local jail for a period of less than 90 days. In Minnesota, crimes like first offense DWI and possession of marijuana in a motor vehicle are misdemeanors.

As a general rule, it depends on your judge. In Minnesota, misdemeanors are punished by a fine of up to $1,000.00 and a maximum of 90 days in jail.

Police can search your car whenever they make up a reason to believe you are committing a crime. To be honest, this depends on what kind of car you drive, your race, and what neighborhood you live in. Unfortunately, some police officers engage in racial profiling, and will manufacture reasons to search a car when no valid reason exists. Much like lawyers, one bad apple can ruin the entire lot. Whether the search is legal, is another question. 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 a crime in the vehicle. Because this is a highly litigated area of criminal law - http://www.house.leg.state.mn.us/hrd/pubs/ss/clss4th.htm - it is best to consult an Criminal Defense Lawyer when your vehicle has been subject to police search. Never give police permission to search your car. The whole, “well if you don’t have anything to hide, why don’t you let me search it” comment is a trick of the trade. Don’t fall for it.

It is scary that the answer is YES. The police are allowed to tell you an outright lie in their attempt to get you to incriminate yourself. One of the most common lies is to say they have witnesses or other evidence when they do not, or to tell someone that their accomplices have already confessed so they should as well. Equally as scary, if you lie to a Federal Agent (FBI, DEA), you have just committed a crime. Don't believe me? Look up Martha Stewart's case...

Depends. Many police officers are men and women of their word, but some are not. The best policy is to have an attorney negotiate with the police and the district attorney and get the agreement confirmed. Many times the police exaggerate the trouble you are in or the evidence they really have. There are also collateral consequences of being a "snitch." It is risky - word on the street can get out and that can mean trouble for you. Bottom line, don't do this until you have consulted a lawyer. Many people wind up getting strung along as the police keep asking for just one more piece of information, or just "one more buy." Don't get involved in this type of activity until you have an experience lawyer on your side.

No. If I could, then my legal fees would be 10 time what they are now. If a lawyer tells you they can make a guarantee about the result in your case, you should stand up and walk out of their office. No attorney can ethically guarantee a result. The guarantee of a result implies that your fee is refundable if your lawyer is unsuccessful. Such a fee would then be contingent on the outcome of the case. The ethical rules governing the behavior of lawyers forbid a lawyer from entering into an arrangement for a contingent fee in a criminal case. If a lawyer guarantees a result, ask them to put it in writing. If they will not reduce it to writing, they lied to you. You need an attorney that will be straight with you, one who will give you the bad news as well as the good. The best way to judge a lawyer is to research his results. Please feel free to see the "results" section of this website.

White-collar crime is a broad term that covers a variety of nonviolent crimes that are alleged to involve cheating in one form or another. Examples of white-collar crime include allegations of theft and fraud in its various forms, bribery, insider trading, environmental crime, embezzlement, forgery, tax evasion, kickbacks, and money laundering. According to the FBI, white-collar crimes total in the hundreds of billions annually.

Most of the time, federal agencies. White-collar offenses often fall under federal jurisdiction, although in Minnesota the Hennepin County Attorney's Office has a "white collar crime" division. If agents from one or more of the following federal agencies have questioned you, you may be the target of a white-collar crime investigation: * Federal Bureau of Investigation * Securities and Exchange Commission * Internal Revenue Service * United States Treasury * United States Postal Service * U.S. Citizenship and Immigration Service * Drug Enforcement Administration (DEA)

A bail is the legal instrument that allows a person being charged with a criminal offense to be temporarily released from jail pending the outcome of his/her case. The bail usually establishes a sum of money that must be forfeited by the bondsman if the accused fails to appear in court for trial. A Bail may be posted in two ways. A bondsman can be hired and for generally 10% of the amount of the Bond will post security, or the defendant may post the full amount which will then be returned at the close of the case. If the later option is chosen, the money will be held in a government "trust" type account.

.08 or more...and it doesn't take much to get there. Breath alcohol content measures the amount of alcohol in a person’s breath. A .08 breath alcohol level means that there are .08 grams of alcohol per 210 liters of breath. Blood alcohol content measures the amount of alcohol in a person’s blood. A .08 blood alcohol level means that there are .08 grams of alcohol per 100 milliliters of blood.

A good friend of mine had a mounted walleye on his wall, and under it, was a plaque that said, "if only I had kept my mouth shut I would still be alive." ... enough said.

Nothing. Until you talk to your lawyer.

Sure, if you have the confidence of performing heart surgery on yourself, then have at it. If not, call a good lawyer, trust me, you will need one.

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Named Minnesota "Rising Star" 2009 & 2010