Criminal Defense Law - Lawyers and Attorneys - Rochester MN

When charged with a crime it is important to obtain legal representation as soon as possible to assure that your rights are being protected.  The lawyers and attorneys at Patterson Dahlberg in Rochester MN are experienced in criminal defense law, and will be there during this time of stress and uncertainty and work with you to bring about the best possible outcome.

Because Criminal Defense matters are complex and confusing, we offer some basic definitions and explanations of some of the most common aspects of Criminal law.   

CRIME
“Crime” means conduct which is prohibited by statute and for which the actor may be sentenced to imprisonment, with or without a fine.

FELONY
 “Felony” means a crime for which a sentence of imprisonment for more than one year may be imposed.

MISDEMEANOR
“Misdemeanor” means a crime for which a sentence of not more than 90 days or a fine of not more than $1,000.00, or both, may be imposed.

GROSS MISDEMEANOR
“Gross Misdemeanor” means any crime which is not a felony or misdemeanor.  The maximum fine which may be imposed for a gross misdemeanor is $3,000.00

PETTY MISDEMEANOR
“Petty Misdemeanor” means a minor offense which is prohibited by statute, which does not constitute a crime and for which a sentence of a fine not more than $300.00 may be imposed.

Punishments awarded for a crime factor in any existing criminal record. If you have a clean record [no crimes in your past] then you'll likely receive a lighter sentence. If you have a record [there are crimes in your past] then you'll likely get a more serious sentence.

An important difference between felony and misdemeanor convictions is the impact that such convictions can have on a person's future. If convicted of a felony a person will find that even after serving time the felony conviction may continue to be an obstacle when seeking work. Most employers want to know about all felony convictions. A felony conviction will likely continue to haunt the criminal, whereas a conviction for the lesser charge of “misdemeanor” will afford the offender some privacy in this respect.

RETAINING AN ATTORNEY
A defendant may retain an attorney at any stage of his/her case, whether it is during the investigation or the night before his/her arraignment.

A criminal defendant maintains the right to an attorney and will be appointed one (Public Defender) if they cannot afford one. However, criminal defendants may be responsible for paying the costs of the Public Defender if it is later determined that they had enough money to pay for an attorney.

ARREST
Felonies - Police must have PROBABLE CAUSE to make an arrest, which may be conceptualized as a "good reason" to arrest.

Misdemeanors and Gross Misdemeanors – In most cases arrests can only be made for crimes that occurred while in the presence of the arresting person or with a warrant.

Miranda Warnings - Miranda Warnings by police are intended to make persons aware of certain important rights at the time of an arrest. Failure to read the Miranda Warnings does not make the arrest illegal, but may provide legal grounds to suppress certain statements or confessions.

Arraignment/Initial Appearance -  At the arraignment, the defendant will be read his/her rights and the charges against him/her.

Bail - is set during the arraignment. Bail is an "insurance policy" that the defendant will appear before the court again. The amount of bail is determined by the seriousness of the offense and is ultimately up to the discretion of the Judge. Bail can be $0 if the person is released "on their own recognizance (R.O.R.)", but it can be increased if the Judge feels that the defendant will not appear in court again. If the person fails to appear before the court, a warrant will be issued for his/her arrest.
During the arraignment or any proceeding in front of the court, the attorney can bring a motion to reduce bail. The judge must then decide whether to reduce bail and will consider the client's risk of flight and danger to the public.

SENTENCING
Sentencing is a court hearing where the judge determines punishment.
A defendant may be sentenced to Probation instead of prison. However, he/she may be ordered to do some local custody time as a term of his or her probation. If a person violates his/her probation, he/she may be incarcerated.

COLLATERAL CONSEQUENCES
In addition to any sentence imposed by the court, a conviction can have a number of independent consequences. On felony cases, these consequences can include, but are not limited to:
1.     Loss of the right to vote.
2.     Loss of the right to possess a firearm of any kind.
3.     Loss of the right to associate with known criminals.
4.     Registration as a sex offender.
5.     Increased penalties for future criminal convictions.

APPEALS
If convicted, a defendant may file an appeal.
The purpose of an appeal is to ensure that the trial court did not make any legal errors throughout the trial process. Appeals may result in the reversal of a person's trial court conviction.

EXPUNGEMENT
Expungement is a process where, in some cases, a person's conviction may be removed from his/her record.

The criminal process may vary slightly depending on your specific charge and jurisdiction. The attorneys at Patterson Dahlberg will be sure you understand the details of your particular case and are aware of all options and possible outcomes that are available to you.

Contact us for your Criminal Law case
Name
Street Address
City
State
Zip
Phone (Home)
Phone (Cell)
Date of Incident
County in which incident occured
Choose from the following Misdemeanor Gross Misdemeanor Felony Unknown
Choose from the following DUI Domestic Assault Theft Controlled Substance Criminal Sexual Conduct Other
Comments
Authorization Code:
	Please enter the code shown above :