When should I hire an attorney?
A person under suspicion for a crime and being investigated by the police should have a criminal defense attorney for any contact with the police. If you have been informed that you are under investigation for a crime, you have a right to remain silent and to have an attorney present during all questioning. The questions asked during an investigation will certainly be the basis for of the evidence used to obtain a warrant, make an arrest, file charges, or convict a person

I’ve been arrested for DWI. Should I take the test?
Yes. Always take the test. In Minnesota, it is a crime to refuse to take a BAC test if an officer thinks you are driving while intoxicated. It is important to fully cooperate with the police as they give you the test. If the police think you are trying to manipulate the result by not fully cooperating, or you are not following their instructions, or if you are unreasonably delaying the test, the police will deem your conduct as a constructive refusal, and you will be charged with the crime of Test Refusal. Test Refusal is a gross misdemeanor, and in some cases, more serious than the crime of DWI.

What you do have a right to, and what the police do not have to tell you, is that you have the right to obtain your own independent BAC test after taking the test the police give you. You have the responsibility to arrange for the test to be administered, and to pay for it. We work with area companies that provide that service. If you need to speak with an attorney or need an introduction to an independent BAC testing company, please call now.

What are my constitutional rights in a criminal case?
Most of the constitutional rights that apply to the criminal defense process are found in the Fourth, Fifth and Sixth Amendment.

You have the right to be presumed innocent of the charges against you.

You have the right to remain silent and not talk about anything you might have seen or done if it is a criminal act. This is known as the right to remain silent.

You have the right to be free of "unreasonable search and seizure," though there are various regulations and exceptions that accompany that right.

You have the right to an attorney.

You also have the right to be advised by police about these rights, commonly called Miranda Rights.

These are the basic rights in a criminal case. There are other constitutional rights that apply in a criminal case. It is advised that you talk with a criminal defense attorney to fully understand all of your constitutional rites.

When can I talk to my attorney?
You should always ask your attorney at every stage of the criminal proceeding. The primary Supreme Court case on the issue is Brewer v. Williams, 430 U.S. 387. and takes the position that the [right to counsel] “means at least that a person is entitled to the help of a lawyer at or after the time that judicial proceedings have been initiated against him, whether by formal charge, preliminary hearing, indictment, information, or arraignment.” 430 U.S. at 398. Brewer goes on to conclude that once adversary proceeding have begun against a defendant, he has a right to legal representation when the government interrogates him. 430 U.S. at 401, citing Massiah v. United States, 377 U.S. 201.

When can the police search my property?
There are rules and regulations that surround police searches. The police can obtain a search warrant to search your home, property, car, or financial records if they have probable cause to believe that they'll find evidence of a crime.
In a few situations, the police can also conduct a search without a warrant. A good guideline to determine whether or not a warrant is needed is if you “have a reasonable expectation of privacy. If, for example, a potential piece of evidence is sitting out in the open, then the police aren't required to have a search warrant to conduct a search. You never have to agree to a search, so don’t be afraid to say “no” to the police. Talk to a criminal defense attorney now if you have a question about a police search.

When do the police have to read me my rights?
Popularized by Hollywood and television, everybody seems to know that the police are required to read you your Miranda rights at some time is you are suspected of committing a crime. But the requirement to read you your rights is before the police conduct a “custodial interrogation”. What that means has been the subject of many court cases. It is more complicated than you might expect. Anytime that you are not free to leave the police questioning you could be considered “custody” for the purpose of the Miranda rights rule.

In Minnesota, just because the police interact with a suspect does not mean that the rights have to be read. If the suspect starts voluntarily making admissions about committing a crime, those admissions will be used by the police convicting you guilty. Always, if you are being questioned by the police, ask to speak to your criminal defense attorney.

How long will my driver’s license be suspended after a DWI arrest?
If you have been arrested for a Minnesota DUI, your license will be suspended. Once the police have a BAC reading over the legal limit of .08, your license will be suspended for a minimum of 90 days. There are factors like prior DWI convictions and high BAC levels that will make that period of time longer. Call your criminal defense attorney if you have questions about your license suspension.

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