Criminal Defense
DUI/DWI, DOMESTIC ASSAULT, THEFT, FELONY TRAFFIC, DRUG, CRIMINAL SEX
These and other crimes happen every day. An arrest or charge with a crime can affect your entire world. Contrary to popular belief many people who end up in criminal court are ordinary people who have much to lose when they are charged with a crime. The result of a criminal case can affect family relationships, employment, housing, military status, even educational opportunities. Suddenly the whole world sees you as a criminal. With the internet and 24/7 news you can no longer hope to keep your arrest or charges secret. You need an ally in your quest to protect your rights and reputation. Our firm represents individuals throughout Minnesota in State and Federal court.
VETERANS IN THE CRIMINAL JUSTICE SYSTEM
Not every criminal defendant is the same. The firm of Baker Williams recognizes that veterans, servicemembers and first responders bring unique concerns and a unique background to the criminal justice system. We understand that not only are careers, but also long worked for benefits are at risk when you have been charged with a crime. Our firm has been on the forefront of fighting for the rights of veterans. That is why we have championed the cause of veterans by assisting in the creation of Veterans Courts and fighting to change legislation. We have our own unique approach in defending veterans, servicemembers and first responders in the criminal courts. Our motto has been from the first day, “Fighting for Those Who Fought for Us!”
FREQUENTLY ASKED QUESTIONS ABOUT CRIMINAL LAW
- Why should I hire an attorney?
It is important to have competent legal representation to protect your rights and to advocate on your behalf. The right to counsel is so important that it set out in the sixth amendment to the Constitution. But not everyone qualifies for a public defender. Individuals who do not qualify for a public defender must hire a private attorney or represent themselves in court. - What is the difference between a petty, misdemeanor, gross misdemeanor and a felony?
• Petty misdemeanor – These are not crimes. They are a violation of state statute. A fine of not more than $300 may be imposed. There is no jail time.
• Misdemeanor – The sentence cannot be more than 90 days in jail and/or a fine of more than $1000.
• Gross Misdemeanor – This is any crime that is not a misdemeanor or a felony. The maximum fine is $3000.
• Felony – This is the most serious level of crime one can be charged with. It is a crime for which a sentence of imprisonment for more than one year may be imposed. The maximum jail time depends upon the offense committed. There may also be fines and restitution that has to be paid. - What is the difference between jail and prison?
Jails are operated by the county (sometimes cities). They are used to house individuals found guilty of misdemeanors and gross misdemeanors. They are also used to house individuals charged with a felony while they are awaiting trial. Prisons are operated by the Minnesota Department of Corrections or the Federal Bureau of Prisons. These inmates have committed felony level crimes. - What is the difference between probation and parole?
Parole is granted usually by a parole board after an offender has served time. Probation is usually given as part of the initial sentencing. An offender may have to spend some time in jail even though they have been granted probation as part of the sentence. - How can I keep track of what is happening with my case?
In Minnesota state court you can look at your case on line at the Minnesota courts website. http://www.mncourts.gov/publicaccess You can search for your case and see a record of what has occurred. - How do I find out exactly what I was charged with?
Depending on the situation you can be charged in a variety of ways. There are tab charges, citations, summons and complaint or a complaint and warrant for arrest. These should list the section of the Minnesota statute that you are accused of violating. - Even though I have been arrested I know I still have rights. What are they?
• You have a right to know what charges are being filed against you.
• You have the right to contact an attorney, family member, friend or a bail bondsman.
• You have right to remain silent.
• You have a right to have your attorney with you when you are questioned by the police.
• You have a right to a public trial if you are charged with a crime.
• You have a right to be presumed innocent.
• You have a right to a speedy trial.
• You have the right to confront your accuser.
• You have the right to a defense.
• If convicted you cannot be punished in a cruel or unusual way. - What is the difference between a DUI and a DWI?
DUI stands for “driving under the influence” and DWI stands for “driving while intoxicated.” Minnesota recognizes both of these conditions as “driving under the influence,” regardless if the source of intoxication is drugs (a controlled substance) or alcohol.
WHAT TO DO IF YOU ARE ARRESTED
- Keep your cool.
- Do not start complaining or arguing.
- Keep your hands in plain sight.
- Do not resist, touch or threaten the officer.
- Do not run, this is a crime.
- Do not make any statement regarding the arrest or incident.
- Remember officer’ badge or patrol car number.
- Ask to speak to your attorney.
- Do not consent to a search with a warrant, ask for a copy.
- Tell the officer you wish to remain silent and stay quiet.
- Call us at Baker Williams, LLP, 877.434.8387 for legal representation.