• What are my constitutional rights in criminal matters?
• What are the differences between felonies, gross misdemeanors, misdemeanors and petty misdemeanors?
• What should I do if I am arrested or charged with for a crime?
• What is the difference between Unconditional and Conditional Bail?
• What is the difference between cash bail and a bail bond?
• How much will legal representation cost me?
• How long will it take for my case to go through the court system?
• What happens at a criminal trial?
• What is an implied consent hearing?

What are my constitutional rights in criminal matters?

The United States Constitution and the Minnesota Constitution set out constitutional rights that affect every individual who find themselves facing criminal matters in Minnesota courts. Your constitutional rights are your strongest protection against improper police conduct and wrongful conviction.

Your constitutional rights include, but are not limited to, the right to be free from unreasonable searches and seizures, protection from “ex post facto” laws (the State cannot pass a law after a person has committed an act, and then prosecute the person for the prior act), the protection against excessive bail, the protection against double jeopardy, the right to remain silent, the broad rights to due process and equal protection, and the right to be informed of the nature of the charges that have been filed against you and of potential punishments.

The most important trial rights include the right to legal counsel, the presumption of innocence and requirement that the State prove guilt by proof beyond a reasonable doubt, the right to compel witnesses to appear at trial, the right to cross-examine (or “confront”) witnesses at trial, the right to trial by jury, and the right to speedy trial.

What are the differences between felonies, gross misdemeanors, misdemeanors and petty misdemeanors?

Under Minnesota law, felonies are crimes punishable by more than one year in prison and/or substantial fines. Gross misdemeanors are crimes punishable by up to one year in jail and/or a fine of up to $3,000. Misdemeanors are crimes punishable by up to 90 days in jail and/or a fine of up to $1,000. Petty misdemeanors are deemed non-criminal violations of the law punishable by a fine of up to $300.

What should I do if I am arrested or charged with for a crime?

First, comply with the requests and orders of the arresting officer. Do not resist the arrest. This is because under Minnesota law, a person does not have the right to resist an arrest, even if it is an illegal arrest.

Second, do not make any statements to the police! Many people are unaware that they never are obligated to speak with a police officer. The job of a police officer is to gather information to help convict you of a crime—anything you say can and will be used against you as part of the prosecution’s case against you! The officer will often try to trick or threaten you into providing him with information, but the best thing to say is always: “I want to speak to a lawyer.” If you choose to make a statement to police, be sure to speak truthfully—providing false information to police is a crime, and can form the basis for various criminal charges if it can be proven you provided a false statement.

As soon as you are able, contact Allen & Heim at 507-280-9330, or through the contact form on this website. Our initial consultations in criminal matters are free—it would be our pleasure to speak with you and advise you on your options.

What is the difference between Unconditional and Conditional Bail?

Bail is a monetary amount set by a judge to assure that you will return for court, and is generally based on the seriousness of the charged crime and the court history of the individual. The judge will sometimes set “unconditional” bail (a higher bail amount which, if paid, imposes no obligations upon an individual other than to remain law abiding and return for court). The judge will also sometimes set “conditional” bail (a lower bail amount which, if paid, imposes other obligations upon an individual, as set by the court. In many cases, the judge will not impose bail, and release the individual on their promise to return to court. This is called “release on recognizance.”

What is the difference between cash bail and a bail bond?

There are two common ways to post bail: cash bail or a bail bond. Cash bail occurs when an individual is required (or chooses) to post a bail amount in cash. If the individual fails to appear in court as ordered or otherwise violates the conditions of release that the judge sets, the bail can be forfeited. If this happens, the individual loses the entire amount of cash bail posted. If, however, the person makes all court appearances and does not otherwise violate the conditions of release, at the conclusion of the case the individual is entitled to a refund of the entire cash bail, less any fines, fees and/or restitution ordered by the court.

The other way to make bail is through a “bail bond” posted by a bail bondsman. In most cases, a person pays the bail bondsman 10% of the bail amount and signs an agreement to pay the remaining 90% only if your bail is forfeited for failing to appear in court as ordered or otherwise violating the conditions of your release. At the conclusion of your case, if your bail has not been forfeited, you do not have to pay the remaining 90% of your bail amount but you do not receive a refund of the 10% you paid. That amount stays with the bail bondsman. The attorneys at Allen & Heim work closely with the bail bondsmen in Southeast Minnesota—these relationships often work to the advantage of our clients.

If you need help or have questions about contacting a bail bondsman, please do not hesitate to contact our offices through the information contained on this website.

How much will legal representation cost me?

Every case is different. It is not as simple as telling an attorney what you are charged with, and getting a price off of the “menu.” No competent attorney can accurately set a fee (also called a “retainer”) without first meeting with you in an initial consultation, or before the lawyer learns all the facts and circumstances involved in the client’s case. For a free initial consultation with Allen & Heim, please call us at 507-280-9330, or contact us through the form on this website.

Hiring a lawyer in a criminal case is not inexpensive—retainers in criminal cases can cost hundreds or thousands of dollars. The general rule is that the more serious or complicated the case, the higher the fee or retainer. Fees for legal representation in serious felonies are generally higher than fees in lower level felonies. Retainer fees for representation in a gross misdemeanor case are generally lower than a fee for a felony case, but are still higher than fees for misdemeanor or petty misdemeanor representation.

Make no mistake—you usually get what you pay for when it comes to legal representation. Rest assured, that no matter what the level of crime, or the amount of the retainer, the attorneys at Allen & Heim will work hard to earn the money you are providing us. We are experienced and will fight to achieve the best possible result for your situation. We pride ourselves on providing excellent legal services at a reasonable cost for our clients, and our goal is to ensure that our clients are satisfied with our representation.

How long will it take for my case to go through the court system?

The simple answer: it depends. The more complete answer is that the length of time it will take for your case to go through the court system depends on a multitude of factors including the level of charge, what county you are charged in, and whether your case is dismissed, resolved through plea negotiations, or proceeds to trial. A case may require only a single court appearance. Other times, it may require several appearances at court. Most, but not all, cases are resolved within a period of months. If a case is serious, complicated, or if a matter proceeds to trial, it may take a year or more for a case to resolve.

What happens at a criminal trial?

If case is unable to be resolved, at some point it will be called for trial. In many Southeast Minnesota counties, many cases will be called to court on a single day (commonly known as a “cattle call”). The judge will determine which cases are going to trial, and set a schedule for cases to be heard for trial. Depending on where a case is listed, the case may be continued, or heard for trial. At trial, the first thing that happens is picking a jury. Through a process known as voir dire, the judge and the lawyers question potential jurors about their ability to be fair and impartial in the particular case. Jurors who, for whatever reason, do not meet that standard are excused for cause. The lawyers are also granted a certain number of “strikes” where they can excuse a juror for no reason at all.

After a jury is selected, the lawyers make opening statements. These statements are designed to give the jury a of the case, from each side’s perspective. The prosecutor makes his or her opening statement first, then the defense attorney chooses to either makes an opening statement at that time, or reserves the right to make an opening statement until after the prosecution rests its case.

The prosecution then presents its case in chief by calling its witnesses and asking them questions on direct examination. When the prosecutor finishes asking a prosecution witness questions, the defense attorney can ask the witness questions on cross-examination. When the defense attorney finishes asking questions on cross-examination, the prosecutor can ask the witness follow-up questions on redirect examination, after which the defense attorney can ask additional follow-up questions on re-cross examination. This process continues until there are no further follow-up questions to be asked.

After the prosecution presents all of its evidence in its case in chief, it rests. The defense then has an opportunity to call defense witnesses who testify on direct examination and are subject to cross examination by the prosecutor. It is important to remember that the defendant has no obligation to testify or to call any witnesses on his or her behalf. The defendant is presumed innocent and the prosecution has the burden of proving guilt beyond a reasonable doubt to a unanimous jury.

After the defense rests its case in chief, the prosecution may present a case in rebuttal by calling rebuttal witnesses. After the prosecution rests its case in rebuttal, the defense may present a case in rebuttal by calling its own rebuttal witnesses.

After both sides finally rest, the prosecution makes a closing argument to the jury. The defense attorney then makes a closing argument after which the prosecution may make a rebuttal argument. The judge then instructs the jury on the law and the jury retires for deliberations and, if possible, makes their decision as to whether the State has proved their case by proof beyond a reasonable doubt (guilty), or if it has failed do to so (not guilty).

What is an implied consent hearing?

If a person is driving on Minnesota roads, that person has automatically given an “implied consent” to authorities to, if probable cause otherwise exists, test their blood-alcohol level for the presence of a controlled substance or excess alcohol concentration through a breath, blood, or urine test. Minnesota’s implied consent law permits the revocation of a person's driver's license if the person (A) either refuses to submit to testing or (B) submits to a breath, blood, or urine test disclosing the presence of a controlled substance (other than marijuana) or an alcohol concentration of .08 or more.

This license revocation is completely separate from any related criminal prosecution. In order to challenge the legality of this license revocation, you must file a petition for judicial review within 30 days of the date of the notice of revocation. Failure to do so waives your right to challenge the revocation and ensures that this alcohol-related driving violation will remain on your driving record forever, regardless of the outcome of any related criminal prosecution.

If you file a petition within 30 days, Minnesota law currently entitles you to a hearing before a district court judge (without a jury) within 60 days of filing the petition. At that hearing, the Commissioner of Public Safety is represented by the Minnesota Attorney General’s Office. Witnesses testify under oath at that hearing and are subject to cross-examination. Issues typically litigated at implied consent hearings include the legality of the stop and arrest, the adequacy of the advisory of rights and obligations under the implied consent law, vindication of the right to consult with an attorney prior to making a testing decision, the accuracy and reliability of the test results, and whether the petitioner refused to submit to testing.

If the judge rescinds the revocation, your privileges to drive are reinstated. If the judge sustains the revocation, you can appeal that order to the Minnesota Court of Appeals.

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