Criminal Defense Lawyers in Brainerd Clear 5 DWI Misconceptions

As seasoned Minnesota criminal defense attorneys, we know that driving while impaired (DWI), also known as driving under the influence (DUI) is a serious offense in our state. It can attract hefty fines and penalties, and even result in the loss of your driver’s license.

However, the subject of DWI tends to garner a lot of misinformation, especially on the internet. With numerous DWI misconceptions doing the rounds, it is crucial to clear the air and gain factual insights.

If you are facing DWI charges in Minnesota, you probably have a lot of questions on your mind. In this post, our criminal defense lawyers in Brainerd attempt to arm you with the right information, so you can respond to your charges in the best way possible.

Myth I. Placing a Penny in Your Mouth Will Fool the Breathalyzer

Fact: This is possibly the most common myth. Putting a penny in your mouth will not lower the blood alcohol concentration (BAC) count on the breathalyzer.

It is believed that the metal reacts with the breathalyzer and produces a fake negative result. However, this is merely a theory and isn’t supported by any scientific study or evidence. So, there is no reason to believe in it.

In fact, several substances, like mouthwash or tobacco, when put in your mouth may end up raising your BAC artificially. This, in turn, can lead to a false-positive result during a breath test, resulting in an arrest.

Myth II.  It Is Impossible to Win a DWI Case

Fact: In Minnesota, a DWI charge is taken extremely seriously. Hence, cases may be complex, but they certainly aren’t impossible to win. Most DWI cases involve a criminal charge and a civil driver’s license case. However, you can minimize the impact of DWI on your life with the help of various legal strategies.

A criminal defense lawyer in Brainerd can be of great help. From reviewing police reports to finding mistakes in the evidence against you and even getting the charges dismissed, the right attorney can work wonders for your case.

Myth III. You Have to Answer All Police Questions

Fact: Believing in this misconception can land you in hot water. The police may ask you several case-related questions to gather incriminating evidence against you. By answering their questions, you may just hand it to them on a platter. Any criminal defense lawyer in Brainerd will, therefore, recommend you to avoid talking to the police without seeking legal advice.

While you may answer the basic questions related to identifying yourself and providing appropriate proof of insurance, it is best to not respond to any other questions.

A lot of people accused of DWI make the blunder of lying to the police. This can result in further investigation and can multiply your criminal charges. It is best to remain quiet rather than speak lies to the police.

Get in touch with your Minnesota criminal defense attorney as soon as you get the chance. This way, your lawyer will be around to advise you about what to say to the police, in an attempt to minimize your charges or even get them dismissed.

Myth IV. DWI Is a Minor Offense

Fact: As mentioned, DWI is considered a severe offense, which comes with several repercussions. In fact, DWI laws get tougher every year, with increased penalties and more stringent prosecution of those accused. This isn’t going to change in the future.

All through the USA, DWI charges have become increasingly serious over the years. It is, therefore, critical that those accused of DWI understand their rights and navigate the legal system prudently.

Myth V. A Lawyer Cannot Help You

Fact: This is a complete falsehood. Depending on the facts of your DWI case, a well-practiced criminal defense attorney in Brainerd can help you achieve encouraging results. In fact, if your case is particularly complex, your lawyer can prove to be indispensable.

When you hire an experienced Minnesota criminal defense attorney, you will have someone to guide you through the complicated legal maze. Lawyers know how the legal system works and understand what a “positive” outcome in your case would look like.

They are also aware of the appropriate sentences and can use their experience and knowledge to minimize the repercussions of a DWI charge on your life. They know what your rights are, and will help you uphold them to put up a good fight.

Conclusion

If you are facing DWI charges, you know you have the uphill task of clearing your name ahead of you. If convicted, you may have to pay huge fines and penalties, risk losing your driver’s license, and even face jail time. With our criminal defense lawyers in Brainerd clearing up the above most common misconceptions surrounding DWI charges, you should be able to determine the right course of action for your case.

Reach out to a Knowledgeable Criminal Defense Lawyer in Brainerd

When dealing with a DWI charge in Minnesota, you need to act fast. Contacting a criminal defense lawyer in Brainerd is a great first move. Our skilled legal team at Carlson & Jones, P.A. adopts an aggressive approach to DWI, which helps us achieve positive outcomes for our clients. Call us right away at (855) 976-2444 to schedule a free consultation. You can also reach us via our website.

Criminal Defense Lawyers in Minnesota Explain What to Do If Your Loved One Was in a Fatal Auto Accident

As seasoned criminal defense lawyers in Minnesota, we know that losing a family member is one of life’s most tragic events, especially if it happened due to another person’s negligence. The anger and emotional trauma can weigh heavily, impairing your ability to make sound decisions regarding the next steps. In this trying time, the prudent counsel of a knowledgeable criminal defense lawyer in Minnesota can be extremely helpful.

While filing a legal lawsuit can seem like a daunting task when dealing with emotional distress, doing so is important. You may be eligible to receive monetary compensation from the responsible party.

We do realize that no amount of money can replace your loved one, but the compensation can allow you to focus on healing from the grief rather than worry about paying hefty hospital bills. In some cases, the compensation received can also help you pay off your criminal defense lawyer cost.

This post presents a few helpful tips on what you should do if you lose your loved one in a car accident.

Let’s start by first understanding the common causes of fatal car accidents.

Common Reasons behind Fatal Car Accidents

Car accidents typically occur when the driver was driving the vehicle in a reckless or unsafe manner. Unfortunately, sometimes these accidents lead to another person’s death.

Broadly speaking, the most common causes of fatal auto accidents are:

Negligence: When the driver does not operate their car in a responsible manner, it can lead to a serious auto accident that may be fatal to individuals. Examples of negligence include driving at a high speed or not flashing the indicator light while making a turn.

Driving while intoxicated (DWI): When a driver operates their vehicle while under the influence of drugs and/or alcohol, they endanger the lives of all other drivers, passengers, and pedestrians present on the road at that time. These substances can impair the driver’s motor skills, focus, and reaction time, and can ultimately lead to a fatal collision.

Distracted driving: When the driver takes their eyes off the road, even for a split second, they can miss the traffic lights or the double yellow lines on the street, and collide with another motor vehicle or an individual.

If your loved one was killed due to any of the above reasons, you should speak with an experienced criminal defense lawyer in Minnesota immediately. They will be able to help you bring in your claim against the fault-party.

1. Contact a Competent Criminal Defense Lawyer in Minnesota Immediately

It is crucial that you hire an experienced criminal defense lawyer immediately after the death of your beloved family member. Only a well-practiced criminal defense lawyer in Minnesota will know how to deal with your case in the most appropriate manner.

They will be able to guide you on collecting evidence, consult relevant experts, reconstruct the crash at the accident site, communicate with the responsible party’s insurance company, and prepare your case for trial.

Your lawyer will also be well aware of how the local court system works as well as the statute of limitations and applicable exceptions. Accordingly, they will help you file your claim in a timely manner.

2. Gather Evidence

It is crucial that you collect as much evidence of the accident as possible. You may want to preserve photographs of the ruins at the accident site, any video footage, statements from eyewitnesses as well as their contact details, medical reports, and so on. Supporting your claim with this evidence can strengthen it.

You may have visited the accident site even before you hired an attorney. So, be mindful of everything you observe and keep all the evidence safe so you can present it to your Minnesota criminal defense attorney. Retain everything you gather as you never know what may prove to be useful.

3. Record Your Expenses

One of the main objectives of filing a lawsuit against the at-fault party is to cover expenses related to medical bills, lost wages, funeral expenses, loss of companionship, and others. More often than not, insurance companies try to dodge a trial by offering the deceased’s family an amount to settle the case.

Before accepting their offer, however, you need to ensure that the amount being offered is commensurate with your financial losses and emotional suffering. In other words, the amount offered should be fair and cover all your financial obligations. The only way to ensure this is by recording your expenses from the very beginning. If the amount offered matches your calculations, you can be sure you’re not being cheated.

4. Do Not Discuss the Details with Anyone

Most seasoned criminal defense lawyers in Minnesota know that insurance companies are reluctant to part with their money. They will present their own body of evidence to prove that they are not liable to pay you any compensation. This is why you should never discuss your case with anyone other than your lawyer. You should also refrain from mentioning anything about it on social media as anything you disclose can backfire.

Avoid communicating with insurance companies without first consulting your criminal defense lawyer in Minnesota. These companies work with professional negotiators who know how to use your own words against you and impose an inadequate settlement amount on you. Hence, it is always better to speak with your lawyer first and work out all options for receiving fair compensation.

Conclusion

Dealing with the death of a loved one is never easy. Death caused in a car accident due to another person’s negligence is even more emotionally distressing. If you’re in a similar situation, you may want to consider bringing in a legal claim with the help of a skilled criminal defense lawyer in Minnesota. Although compensation can never fill the void, it can bring you some financial relief at the time of paying the bills. You can also work with your lawyer to fight in court and bring the at-fault party to book.

Speak with a Knowledgeable Criminal Defense Lawyer in Minnesota

The team of criminal defense lawyers at Carlson & Jones, P.A. works tirelessly to help grieving family members file their legal claims and provide sound consultation in their time of need. We will fight tooth and nail to make the responsible party liable for their negligent actions, so you can focus on healing from your loss. For a free consultation, call us at (855) 976-2444 or reach us via our website. Convenient payment plans are available.

How to Get an Order for Protection against an Abusive Spouse in Minnetonka, MN?

As competent Minnesota criminal defense attorneys, we know that in Minnetonka, an Order for Protection (OFP) can be used in situations that involve allegations of domestic abuse, as defined by the state law.

An OFP can mean that an alleged abuser (or respondent) will need to:

  • Cease committing further domestic violence
  • Leave the residence they share with the victim (petitioner)
  • Stop being within a certain distance around the victim’s residence or the workplace
  • Give up custody of minor children
  • Give up visitation rights

Further, the court may ask the alleged abuser to pay spousal and child support, or attend counseling sessions and seek necessary treatment.

It is important to remember that an OFP is not associated with criminal cases, and is issued in family court. In case the police are involved, a separate criminal inquiry may be conducted against the respondent as hurting or threatening people is illegal.

Who Is Eligible for OFP in Minnetonka, MN?

An OFP should not be confused with a harassment restraining order (HRO) or a Domestic Abuse No Contact Order (DANCO). Ask any experienced criminal defense lawyer in Minnesota, and they will corroborate that an OFP is issued when domestic violence issues come into play, whereas an HRO is applicable in cases involving a stalker or harasser. A DANCO is issued only in criminal cases.

Victims can get an OFP to stop domestic violence by family or household members, including:

  • Husband or wife
  • Former husband or former wife
  • A romantic or sexual partner
  • Blood relatives
  • Anyone you are sharing or have shared a home with
  • A parent
  • A child, if they are over 18 years old
  • The other parent of your child or unborn child

How to File an Order for Protection in Minnetonka, MN

Petitioners can avail of the official forms for filing for an OFP from the Minnesota courts. You can access the legal self-help center for other resources related to the laws and rules (Code Section 518B.01) that protect against domestic violence and harassment.

You need not have incriminating evidence showing that you suffered abuse in the past. However, as the petitioner, you will need to show that you are in a relationship with someone who has the intention to harm you or has been threatening to harm you.

Most judges will refrain from taking a chance on your safety when deciding on whether or not to issue a temporary OFP. However, it also needs to be said that every case is different, and depending on the specifics of your case, you may not always get the desired outcome. It is, therefore, best to speak with an experienced criminal defense lawyer in Minnesota rather than make assumptions.

Types of Orders for Protection in Minnesota

In Minnesota, there are two types of orders for protection:

  1. Ex parte orders
  2. Full orders

1. Ex Parte Orders

As per state law, an ex parte temporary order of protection can be given if the judge finds that there is immediate and imminent danger of domestic violence and you need protection at the earliest.

The term “ex parte” implies that the respondent may not be notified in advance or doesn’t need to be present in court. The judge has the authority to make a decision based on the information provided by the petitioner.

This order stays in effect for a fixed term as decided by the court, typically up to two years or until modified or dismissed by the judge after another hearing.

Upon being granted an ex parte order, you may not go back to court for a full hearing, unless:

  • You have requested additional protection than what an ex parte order can give you
  • The judge has decided not to grant you the extent of protection you requested in the ex parte order
  • The respondent has requested a hearing upon being served with your ex parte order

2. Full Order

If you are seeking a full order for protection, both you and the respondent will have to present evidence and witness testimonies to establish why the order should or should not be issued.

If the order is issued, it can stay in effect for up to two years. Once it expires and you need further protection, you may file a petition to extend it.

If the abuser violates an order for protection at any point in time on two or more occasions, or if you have been issued two or more orders against the same abuser, you can ask for a full order for up to 50 years.

If the abuser does not violate the order for five years, they can request the court to modify the order by proving that their circumstances have undergone significant change.

Conclusion

No human should be subjected to domestic violence. However, it is an unfortunate reality. If you are stuck in a situation where you fear for your and your children’s safety, you should call the police as soon as you can. Further, if you are considering getting an OFP, you will do well to consult with an experienced criminal defense lawyer in Minnesota to get answers to all your pressing questions. A lawyer can also file the necessary paperwork on your behalf, and represent you in court, thereby proving to be the reliable ally you need.

Speak to Our Compassionate Criminal Defense Lawyer in Minnesota Immediately

Filing an Order for Protection comes with substantial repercussions for the petitioner as well as the respondent. It is, therefore, advisable to seek sound legal counsel from an experienced criminal defense lawyer in Minnesota before taking any action. For any further information or help with obtaining or contesting an OFP, feel free to call the team at Carlson & Jones at (855) 976-2444 or contact us through our online form.

Who Is the Best Criminal Defense Attorney in Minnesota, MN

Whether it is a simple misdemeanor or a felony, fighting a criminal charge is easier said than done. There is too much at stake in cases involving criminal charges. If you are convicted of a crime you didn’t commit, you could lose your job, jeopardize your family’s future, and risk losing your reputation.

That’s why it is necessary to have an experienced criminal defense lawyer in Minnesota, MN on your side when you are fighting criminal charges. It is, however, not easy to find the best criminal defense attorney that can handle your case with the required care. Your search will become easier if you know the traits of a good defense lawyer.

Here are a few qualities that make the best criminal defense attorney.

1. Excellent Communication Skills

Communication is a fundamental quality that every successful and experienced criminal defense lawyer in Minnesota, MN should have. Your lawyer needs to know how to communicate not just with you and your family, but also the witnesses, judges, police, and courtroom personnel.

They also need to have both written and verbal communication skills as most of the courtroom communication is in the form of paperwork. A good lawyer knows how to write a crisp and clear appeal or create any other paperwork related to your case. They should also have excellent command over English or any other language being used in the court. 

2. Considerable Negotiation Skills and Experience

Most criminal cases involve negotiations and plea bargains. Especially minor criminal charges are less likely to go to trial because trials are expensive and time-consuming. The prosecution, however, will try their best to push for the harshest sentences or penalties even when negotiating a deal.

If your defense lawyer has good negotiation skills, plus real-life experience in dealing with prosecution and the police, they can get you the best possible deal. Make sure to check the track record of a lawyer to see if they have handled cases similar to yours before. If yes, you should consider hiring that lawyer.  

3. Clear Understanding of Courtroom Etiquettes

Although your case is less likely to go to a trial, your lawyer should have a clear understanding of how to behave in the courtroom. When someone claims to be an experienced criminal defense lawyer in Minnesota, MN, make sure they are talking about actual courtroom experience as well.

Both you and your lawyer will need to appear in the court from time to time. When you do, you will need to show respect towards the judge and their courtroom. Of course, your attorney can be theatrical, if required. However, they must know when is the right time to do so. Even a single line (or gesture), when spoken erroneously or out of turn, can create a negative impression, which could prove detrimental to your case in the long run. 

4. Strong Analytical Skills

A good criminal defense lawyer will have strong analytical skills. Your lawyer will need to find legal loopholes, gray areas, procedural inaccuracies, and even scrutinize the evidence presented by the prosecution to increase your chances of winning the case.

It is not possible to know how to use the available information, witness testimonies, and evidence to your best advantage without the right analytical skills. Remember, a lawyer without impeccable analytical skills will cause more harm than good to your case. So, make sure to consider someone who is analytically inclined.

5. Ability to Maintain Confidentiality and Privacy

An experienced criminal defense lawyer in Minnesota, MN understands the importance of the term “attorney client privilege,” making sure to maintain complete confidentiality when handling their cases.

Your lawyer should not repeat anything you say or disclose during your case to anyone, not even their friends or peers. Only the people handling your case need to know your personal details and other information.

If your attorney accidentally or deliberately leaks any important details related to your case, it will likely affect its potential outcome. So, make sure to work with a lawyer who is well-known for keeping client discussions confidential and private.

6. Professional Integrity

When you are fighting criminal charges, even a simple mistake in handling your case can ruin your life, probably forever. That’s why you need a lawyer with utmost professional integrity, honesty, and fairness.

An honest and upstanding lawyer will keep you informed of your case’s progress regularly. They will also provide you with an unbiased professional advice every step of the way.

In other words, you should never hire a lawyer who serves their own personal interests or succumbs to external pressures or temptation. They will most likely misguide you, resulting in far reaching legal consequences.

Conclusion

Fighting criminal charges, whether serious or trivial, becomes much easier if you have a good defense lawyer on your side. However, finding such a lawyer is a challenging task. The six traits mentioned in this post will hopefully prove useful in kickstarting your search for the best lawyer in your area. Make sure to research thoroughly before finalizing your lawyer.

Contact an Experienced Criminal Defense Lawyer in Minnesota, MN Today!

If you or your loved one has been charged with a criminal offense, Carlson & Jones, P.A. can help you fight those charges. Our expert lawyers are equipped with years of courtroom experience. We are capable of handling the most complex of criminal cases with ease. Call us today on (855) 976-2444  for a free consultation or contact us online to know how we can help you.

 

 

What is the Role of a Criminal Lawyer in Minnetonka, MN

As experienced criminal defense lawyers in Minnetonka, MN, we know that the American legal system is a complex one, and navigating it efficiently requires expertise. If you’re embroiled in a criminal case, having a skilled criminal defense lawyer by your side can work wonders.

When hiring a lawyer, you probably consider several factors, such as criminal defense lawyer cost. You might wonder if they think you really committed the crime, and whether they can set their opinion aside and defend you vigorously.

The truth is, for most experienced criminal defense lawyers in Minnetonka, MN, it doesn’t matter as they do not decide the guilt. Lawyers realize that their primary role is to consider the unique facts of your case and provide a robust defense against accusations.

This is the main reason you should work with a lawyer who thoroughly understands his/her responsibility and does everything in his/her power to bring you a positive outcome.

What Does a Criminal Defense Lawyer Do?

Criminal defense attorneys serve as reliable guides and protectors. Typically, they are of two types: private attorneys and court-appointed attorneys. 

Defendants who hire private attorneys pay them from their own pocket. For individuals who cannot afford attorney fees, the court can appoint suitable counsel to represent them legally, if the necessary qualifications are met.

If a lawyer chooses to take your case, how he/she will handle it will depend on the facts and circumstances involved. Typically, an experienced criminal defense lawyer in Minnetonka, MN does the following:

1. Gather Case Details via Interviews

Once you schedule a consultation with a criminal defense lawyer, you will get the chance to meet each other personally. After that, the lawyer will try and get as many case-related details as possible from you. He/she may ask very specific questions, like in an interview, so he/she can gauge your case facts thoroughly to decipher its strengths and weaknesses. Based on this, a Minnetonka criminal defense lawyer will explore the potential defenses that can benefit you.

2. Conduct a Deeper Investigation

Apart from gathering all the case facts, a defense lawyer conducts an in-depth investigation of the case to figure out possible ways of getting you an acquittal. This may involve talking to the police authorities about their procedures or speaking to witnesses who may have more information about the case.

In other words, the criminal defense lawyer will build a strong case for you. In case an expert witness is being used, the lawyer may question him/her about the testimony or the evidence presented in court.

Further, a defense attorney has the legal right to review the prosecution’s case before it is submitted to the jury. This is an opportunity to discover loopholes in their case, and accordingly gather evidence from medical experts and independent lab tests to deflate the prosecution’s arguments.

3. Scrutinize the Evidence

A criminal defense lawyer carefully examines the evidence against his/her client, which further aids the case facts. If required, the lawyer can also have the evidence tested independently.  He/she may further analyze the evidence to check if any new legal theories can work against his/her client.

4. Apprise the Client about the Developments

A criminal defense attorney constantly keeps in touch with his/her client to update them of any developments in the case. A well-informed client is a happy client. At the same time, a good lawyer knows the importance of client confidentiality, which is why all communication is kept private. It is important that the lawyer proactively conveys information about the case to the client so the latter is better prepared for potential outcomes of their decisions.

5. Negotiate in a Plea Bargain

A criminal defense lawyer also stays updated on the status of the client’s case, and negotiates with the prosecutor about plea bargains. If this is done properly, the lawyer may be able to get his/her client a positive outcome, such as minimized charges or reduced punishments and/or penalties.

6. Represent in a Trial According to State-Specific Laws

If the client chooses not to settle and the case goes to trial, a criminal defense lawyer represents him/her in court. It will be the lawyer’s responsibility to questions and cross-question the state’s witness in an effort to convince the jury that the prosecution hasn’t met its burden of proof.

A criminal defense attorney will fight for his/her client’s rights based on the specific laws, rules, and regulations applicable in the state of Minnesota. Knowledge of these is crucial because laws differ from state to state. Only an experienced criminal defense lawyer in Minnetonka, MN will know about the various nuances of the state law that can have positive impact on his/her client’s criminal case.

7. Participate in the Sentencing Phase

If the lawyer’s client is sentenced for a crime due to the acceptance of a plea bargain or because of a conviction by the judge/jury, he/she can represent the client during the sentencing stage. The lawyer can also shed light on factors that may convince the judge/jury to minimize the sentence and discuss potential alternatives to the verdict.

Conclusion

Minnesota criminal law is complex. It is, therefore, crucial to take the legal process seriously and work with an experienced criminal defense lawyer in Minnetonka, MN. If you or your loved one is facing a criminal charge, you will do well to work with a qualified and well-practiced criminal defense lawyer. The right attorney will not only represent you legally, he/she will also simplify the process by guiding you through the complex maze while resolving your charges.

Reach out to Our Experienced Criminal Defense Lawyer in Minnetonka, MN

Regardless of the charges you are facing, working with a criminal defense lawyer is almost always beneficial. The team of lawyers at Carlson & Jones, P.A. will work in your best interest, and help you understand the legal moves that are most suitable to your case. For a free consultation with a seasoned criminal defense attorney in Minnetonka, MN, call us at (855) 976-2444 or reach us via our website. Convenient payment plans are available.

 

Do I need a Criminal Defense Lawyer in Minnesota

The consequences of criminal charges are not limited to only jail time or heavy fines. They can lead to devastating outcomes that include losing your job, damaging your reputation, breaking your relationships, and losing your parenting time or even child custody, if you are a divorced parent. Neither you nor your loved one should suffer the worst fate, if you are charged with a criminal offense.

That’s why, no matter how minor your criminal offense may seem, you need to hire a skilled and experienced criminal defense lawyer in Minnesota. The cost of hiring a criminal defense attorney far outweighs the price you will have to pay if you didn’t hire one.

Here is why you need a criminal defense attorney in Minnesota.

1. Know the Legal Process

One of the key reasons you need a criminal defense lawyer is because they know the legal process very well. For most people, especially those who have never had any friction with the law, the legal system can be impossible to navigate. Missing even the smallest detail in an intricate legal system can delay your proceedings or even result in a more disastrous outcome.

An attorney who understands the legal system can help you navigate it smoothly. In fact, they may help you speed up the proceedings by taking the right legal steps at the right time. It can help you mitigate losses such as prohibitive legal expenses and damaged reputation, resulting from a drawn-out process or trial.

2. Experience in Handling Cases Similar to Yours

While some criminal defense attorneys will have a general practice, most will specialize in a particular type of criminal case. For example, you may see lawyers specializing in DUI or white-collar crimes like forgery.

If the experienced criminal defense lawyer in Minnesota you want to hire specializes in handling cases similar to yours, they can help you turn the tables in your favor. As the lawyer has handled cases similar to yours before, they know what legal defenses can help minimize your penalties or even dismiss the charges altogether.  

3. Help You Understand Potential Outcomes

As your lawyer knows criminal law and also has experience in handling cases similar to yours, they can help you understand the full consequences of the charges against you. They will also know and help you understand when people are trying to take advantage of you by tricking you into saying or doing something that could work against you.

Thus, they will help prevent you from worsening what already is a bad situation. Their sound advice can help you keep your job, mitigate the damage caused to your reputation, and save your time. For example, in some situations, a plea bargain is the best possible way to minimize your penalty, while in others, trial offers a better chance. Your lawyer can help you weigh each legal option carefully and make the right decision before it is too late.

4. Complete the Legal Paperwork

Fighting criminal charges involves creating and filing a ton of paperwork. Most of the documents are very complex. It is beyond the ability of a common man to put together paperwork that is devoid of diverse interpretations.

Lawyers, however, are well versed in legal jargon. They often have an army of paralegals and assistants that can help you create impermeable paperwork. They can also understand and interpret the paperwork presented by the prosecutors, making sure your response is accurate and timely.

5. Provide Resources Required to Fight Your Case

From preparing and filing the legal paperwork to crosschecking the evidence and witnesses, legal representation involves a lot of work, which requires considerable resources. An experienced criminal defense lawyer in Minnesota will have several paralegals, assistant attorneys, expert witnesses, and private investigators at their disposal.

As lawyers know how to use the legal sources efficiently, they can also help you get court-appointed experts and resources to build a strong defense. Finding and managing all these resources on your own is not only expensive, but also time-consuming. As you have no experience in dealing with legal issues, you are also likely to make mistakes, miss important deadlines, and exhaust yourself mentally as well as physically if you do this on your own. 

Conclusion

Considering the consequences of facing criminal charges, you need to invest in the best possible legal representation. You or your family can’t go through this difficult situation on your own. That’s why you need to find a skilled and knowledgeable criminal defense attorney quickly. Hopefully, this post will help you understand the importance of getting the best legal help you can find when you or your loved one is facing criminal charges.

Schedule Your Appointment with an Experienced Criminal Defense Lawyer in Minnesota Now!

If you or your loved one is facing criminal charges, you need to hire an experienced criminal defense lawyer in Minnesota to safeguard your future in the best possible way. Look no further than Carlson & Jones, P.A. to help build a strong defense against the charges you are facing. Call us on (855) 976-2444 for a free consultation or contact us online to see how we can help.

 

What is Self Defense in Criminal Law in Brainerd, MN

In Minnesota, the use of self-defense usually becomes necessary to protect yourself from another person who is threatening assault.

This also applies when someone is intent on physically harming an individual in some manner, such as in a home break-in. An individual can use self-defense techniques to not only protect their body, but also stop the imminent attack.

As experienced Criminal Defense lawyers in Brainerd, MN, we will help you learn more about what self-defense is and isn’t.

What Is Self-Defense in Brainerd, Minnesota?

Typically, a person will have to defend themselves against physical harm through the use of force to ensure the safety of their own body or that of a loved one’s. In situations like these, self-defense takes place when such force is used against the attacker/perpetrator of violence.

In short, the need for self-defense arises when another person tries to cause bodily harm. While the circumstances may not warrant lethal force, the act of self-defense can lead to death if there is no other way to defend against potential severe harm or death. If death does take place, the self-defending individual may have to legally defend their actions.

Proving Self-Defense in Brainerd, Minnesota

Self-defense is among the most commonly used defenses in cases related to assault, battery, and some other violent crimes.

In order to prove self-defense in the state of Minnesota, the accused must prove:

  • The alleged victim was the attacker  
  • The accused believed a real or perceived fear of physical harm was upon them
  • The accused’s belief was reasonable
  • The accused did not provoke the attack or display aggression
  • There was no reasonable opportunity to escape the attack by the alleged victim

It is important to remember that self-defense claims come with certain limitations. The use of force, even if it is for self-defense, should be acknowledged as reasonable by the judge/jury. Moreover, an individual can use only that amount of force which is necessary to deter the attack or protect themselves. Hence, the amount of force used must be in accordance with the threat of harm.

Use of Reasonable Force

In Minnesota, an individual facing potential assault or physical danger has four elements that enable them to exercise their right of self-defense. These are:

i.  The aggressive behavior of the other person

ii. The belief of imminent danger or physical harm

iii. Grounds for this belief

iv. Possibility that the danger is avoidable

The threatened individual can use varying degrees of self-defense against their attacker. If escaping the attacker is possible, the individual can avoid the use of self-defense altogether. In fact, this may prove to be the best course of action to avoid legal repercussions.

Mentioned ahead are the situations when an individual may use reasonable force:

  • Resisting or helping another person fight an offense against the person
  • Preventing an intrusion or other illegal interference with property
  • Foiling the escape of a person held by law on a charge or conviction of a crime
  •  A parent/guardian/teacher exercising necessary authority over a child/student
  •  A common carrier against a passenger who does not comply with lawful requirements for proper conduct
  • Restraining a person with mental illness or developmental issues from self-harm or causing injury to others

Duty to Retreat

In Minnesota, the law imposes a duty to retreat before an individual can use self-defense outside of their own house.

According to this law, if an individual is facing a threat of bodily harm or physical injury, they should first try to retreat to a safe location. Retreat refers to any attempt to scale back or avoid a hostile altercation. If retreating is not a possibility or is unsafe, they may use force or act in self-defense.

Further, Minnesota law allows a person to use lethal force outside the home only when there is absolutely no other alternative or no reasonable opportunity to retreat or when they believe that they are in imminent danger of serious physical harm.

An individual who uses lethal force in self-defense may face criminal charges, including murder, if they had an opportunity to retreat.

Self-Defense during Domestic Assault

In cases where domestic assault is involved, an individual may need to defend themselves from their aggressor. When the aggressor lives in the home, stopping the violence before it becomes life-threatening is crucial.

The victim of domestic assault may be able to protect themselves and/or their loved ones from the aggressor. If using lethal force becomes unavoidable, the victim should contact an experienced Criminal Defense lawyer in Brainerd, MN and discuss their circumstances/facts to build a case, should they be charged with committing a crime by law authorities.

Self-Defense Is Not Criminal Defense

Minnesota laws allow people to defend themselves against imminent threats of assault or grave physical danger. However, anyone using self-defense needs to meet certain conditions to prove that force was used to protect themselves or defend another rather than to harm the aggressor.

If criminal charges are levied against the individual, he or she will have to prove that the situation involved self-defense through sufficient evidence.

Self-defense situations also require certain actions to be taken, depending on the way the incident took place. For instance, if the individual is not in their home, they need to try and retreat rather than retaliate with force. If the individual did not retreat but responded with an attack, they may have to face a potential conviction.

To defend these charges, you will have to explain what transpired and may need the assistance of an experienced Criminal Defense lawyer in Brainerd, MN. Your attorney will know exactly how to present your case and the arguments as well as evidence to support your claim.

Conclusion

More often than not, when an aggressor threatens assault or severe physical harm, an individual can use self-defense to protect themselves from being attacked. Sometimes, self-defense may be used to protect another person or a loved one. The individual can tackle the aggressor and keep others safe depending on the situation. If self-defense goes wrong, it can lead to criminal charges and conviction. If you find yourself in such a situation, it is best to consult an experienced Criminal Defense lawyer in Brainerd, MN to find the most suitable defenses and receive justice. 

Consult Experienced Criminal Defense Lawyers in Brainerd, MN Today

Understanding what self-defense is and how it can land you in legal trouble is more complex than you think. Several factors and limitations come into play. If you have a case and need legal advice with it, call the qualified criminal defense attorneys at Carlson & Jones, P.A. on (855) 976-2444. You can also contact us online through our website. We will get back to you at the earliest.

 

What Does A Criminal Defense Lawyer Do in Brainerd, MN

In Minnesota, crimes vary from misdemeanors to felonies, and so do the punishments they carry. While for some misdemeanors and first-time offenses, you may get away with fines and/or community service, a significant crime can land you in prison. As a result, you need to represent yourself in the best possible manner in front of the judge and jury.

That’s where a professional criminal defense attorney comes in.

With the help of a seasoned lawyer, you can navigate the complicated and confusing US criminal law system easily. They can help identify, organize, and present facts related to your case that may end up reducing your punishment or even getting you acquitted.

Here’s what an experienced criminal defense lawyer in Brainerd, MN can do for you.

1. Help You Understand Criminal Law

As mentioned, criminal law in US (state and federal) is vast and complicated, which can be confusing for most commoners. Criminal attorneys not only have the educational qualifications to understand the law, but also have first-hand experience in dealing with every aspect of it in court.

As they know the law thoroughly, a criminal defense lawyer can help you understand the legal aspects of your case. They can also help you know which loopholes in the law can help you get the most desirable outcome, depending on the circumstances of your case.

They also know about the local laws, court procedures, police, prosecutors, and judges. This information can help reduce the nuisance involved in dealing with a criminal charge.

2. Investigate Your Case Further

Your criminal defense lawyers will investigate your case further to see if they can unearth useful facts. The lawyer will talk to the police officers handling your case, eyewitnesses (if they are involved), and anyone else related to your case.

Your lawyer may also talk to the witnesses to crosscheck the facts mentioned in their testimony. If the investigators appointed by your lawyer find any loopholes in the testimonies presented by the witnesses, your case may not even go to trial.

Moreover, your lawyer will review the legal processes to see if they can find any inconsistencies that can help thwart the charges against you. For example, if you were arrested without a probable cause, the charges against you may get dropped. However, only the best criminal defense attorney can understand how probable cause is defined in your jurisdiction and whether there are any loopholes in your case.

3. Double-Checking the Evidence

When investigating your case, your criminal attorney will also double-check the evidence being presented against you. Most lawyers will not only study the facts and theories related to your case’s evidence, they may also rope in expert witnesses to offer a different point of view than the prosecution.

Your experienced criminal defense lawyer in Brainerd, MN, may also hire a private detective to find any useful facts. However, these actions will be taken based on how serious your criminal offense is. For example, a simple DUI may not require independent evidence analysis, but an aggravated assault charge certainly will.

4. Negotiate to Get You a Better Deal

Most criminal cases, especially the ones involving minor offense, are less likely to go to trial. Usually, the prosecution will try to negotiate a deal with the defendant. However, the plea bargain will not be in your favor unless your lawyer is involved.

In other words, even if you want to go for a plea bargain, having a criminal defense lawyer on your side is a good idea. As the lawyer knows the state and the local law and premises of your case, they can help bring down the punishment by a great extent.

5. Defend Your Case If It Goes to Trial

If your case goes to trial, your lawyer will prepare your defense and represent you in the court. You and your attorney can work together to come up with the best defense strategy after evaluating the facts related to your case.

Usually, during a trial, your experienced criminal defense lawyer in Brainerd, MN, will fill out your paperwork, introduce any new evidence on your behalf, submit court applications and requests, and take care of case-related paperwork.

Other important responsibilities include interviewing witnesses, taking their cross on the stand, making opening and closing statements, and jury selection. As the lawyer understands the intricacies involved in a criminal trial, self-representation may not be the best way to defend yourself. 

Conclusion

When it comes to fighting a criminal charge in Minnesota, having an experienced criminal defense lawyer in Brainerd, MN on your side can help you turn the outcome of your case in your favor. But most importantly, your lawyer will make you feel confident enough to not give up. Hopefully, reading about these five benefits will encourage you to take the right step.

Call Our Experienced Criminal Defense Lawyer in Brainerd, MN

Fighting a criminal charge is easier said than done. However, calling an experienced criminal defense lawyer in Brainerd, MN, like Carlson & Sons is the first step towards getting the best possible outcome in your case. Call us on (855) 976-2444 for a free consultation or contact us online to see how we can help.

 

How to Find the Best Criminal Defense Lawyer in Minnesota

Whether it is a minor criminal offense or a major one, you will need to hire a competent criminal defense attorney to ensure your voice is heard clearly in the courtroom. However, finding the most suitable and experienced criminal defense lawyer is easier said than done.

According to Statista, in 2020, there were 1.33 million lawyers in the U.S. Although not all of them are criminal defense lawyers in Minnesota, you will still need to scan through dozens of prospects to find a suitable one.

So, how do you go about finding the right criminal defense attorney?

Don’t worry!

The following four tips will help you find the best criminal defense lawyer in Minnesota.

1. Get a Lawyer Specializing in Criminal Law

Most people end up hiring the first defense lawyer they find. It usually is someone who has helped them in a totally different legal matter. However, this is a huge mistake.

Just like you would see a diabetologist if you or your loved one is suffering from diabetes, you need to hire a specialist criminal defense lawyer. For example, an attorney specializing in assault charges will have in-depth knowledge of the assault law in Minnesota. In other words, a DUI lawyer will not be able to defend your case as effectively as an assault lawyer.

So, make sure to consult a criminal defense lawyer, not your family lawyer. You can, of course, ask your family lawyer to recommend a criminal defense attorney. If the recommendation doesn’t strike you as the right one, you can look elsewhere for a good defense lawyer.

2. Look for a Local Attorney

A local criminal defense lawyer in Minnesota is your best chance to get the right legal advice. A local lawyer is often aware of the way local prosecutors, police officers, court clerks, and judges work, which will most likely affect the outcome of your case.

For example, whereas a lenient judge will sentence community service for a first-time traffic rule violation, a strict judge is likely to go for more severe punishment. As the local lawyer is aware of such tendencies, they can help minimize the legal consequences of your case.

Moreover, you or your family members can effortlessly get in touch with a local attorney. You can also drop by for an in-person meeting as often as required.

3. Check out the Lawyer Thoroughly

In this digital era, most attorneys have a website, social media accounts, and presence on online marketplaces like Avvo. When looking for a criminal defense lawyer in Minnesota, you should check out their online presence thoroughly.

Most successful and experienced attorneys have a professional-looking website and decent online presence. Their website and social media profiles will have client reviews, professional achievements, and awards. Go through all this information to find out as much about your lawyer as you can.

This research will come in handy during your initial free consultation, which is a common practice in the legal industry. To make sure the customer reviews are genuine, you can ask for referrals. You can ask your friends, colleagues, and family members about the attorney in question.

You can also contact the Minnesota State Bar to find out if the lawyer has faced any disciplinary action in the past. You don’t want to end up hiring a lawyer who is late for court hearings or lacks communication etiquette.

Lastly, make sure to check out their team. Most lawyers will have a team of junior lawyers and paralegals, who are most likely to work on your case. The team members need to be as competent as their lead attorney. So, make sure to check out your lawyer thoroughly before making any decisions.

4. Go through the Fee Structure

Another crucial factor you must look for is the fee structure and its transparency. It is a common belief that the most experienced lawyer is the most expensive one. While it may be true in some cases, there can be exceptions.

Apart from experience, the amount of fee a lawyer charges will also depend on the type of criminal offense. The bottom line is, you should look for a lawyer who honestly discusses the fee structure.

Usually, a criminal defense lawyer in Minnesota will charge you a flat fee or on an hourly basis. In routine criminal cases, a flat fee is often a better choice as you have to pay the lump sum once instead of paying an hourly rate.

However, some lawyers will charge you on an hourly basis. This fee structure also involves paying a retainer. A retainer is an amount you have to pay upfront against which the lawyer will work. For example, for a $3000 retainer at a $300/hour rate, the lawyer will work for 10 hours on your case.

Conclusion

When you are facing criminal charges, your future is at stake. Getting the right legal help will ensure the best possible outcome in your case. That’s why you have to take your time and do thorough research to find the best criminal defense lawyer in Minnesota. These four tips should prove helpful in this regard. Good luck!

Call the Best Criminal Defense Lawyer in Minnesota Today!

If you or your loved one is facing criminal charges in Minnesota, we can help. As one of the best criminal defense lawyers in Minnesota, we will leave no stone unturned to get the best possible outcome for your case. When you hire Carlson & Jones, P.A., you are investing in safeguarding your or your loved one’s future. Call us at (855) 976-2444 or contact us online to know how we can help.

How Much Does a Criminal Defense Lawyer Cost in Buffalo,MN?

Have you noticed that when you need something, the price usually goes up? When COVID-19 hit, face mask prices increased 500 percent in some areas. So, many people expect to pay lots of money for a lawyer if they are accused of a crime.

Fortunately, that’s not the way it works in this area. Legal ethics require attorneys to set fixed fees for certain services. Experience level is usually the biggest factor. So, as an attorney gains experience over the years, the attorney can charge more money. But lawyers cannot double or triple their fees because you had a brush with the law.

Nevertheless, retaining the services of a good Buffalo criminal lawyer is a significant investment. Before you transmit your credit card information, there are a number of things to consider. Always remember that you have choices in this area. Your criminal case is a very serious matter, but it is not a matter of imminent life and death. People usually have a few days to make a decision.

Free Lawyers in Buffalo, MN

In a significant number of cases, the cost of a Minnesota criminal defense lawyer is nothing, or at least practically nothing. The Sixth Amendment guarantees the right to counsel in criminal cases. Furthermore, the Supreme Court recently ruled that this right means the counsel of your choice.

Exact procedure varies in different counties, and in different courts in the same county. However, the free lawyer choices are always the same: a public defender or a court-appointed lawyer.

There is some truth to the image of the overworked public defender. But truthfully, if a Buffalo criminal lawyer is not busy, there is always a reason, and it’s usually not a good reason. Additionally, many court-appointed attorneys and public defenders must meet higher professional standards than a lawyer you happen to find on Google.

However, there are some serious drawbacks. Many judges only appoint lawyers for incarcerated defendants. They reason, perhaps wrongly, that if you can afford bail, you can afford a lawyer. Additionally, individuals have no say in this process. The judge assigns counsel, sometimes at random and sometimes according to a preset formula. If you do not like your lawyer for some reason, there is generally nothing you can do.

Incidentally, you can represent yourself in a court case, including a criminal case. As a rule of thumb, if the criminal case includes possible jail time, self-representation is one of the biggest mistakes a person can make.

Expensive Buffalo Criminal Lawyers

The old adage you get what you pay for is not always true. On the low end, an inexpensive Buffalo criminal lawyer is most likely inexperienced or not very diligent. The aforementioned public interest lawyers do not count. The state pays these attorneys a competitive rate.

However, a high-priced lawyer is not necessarily better than a mid-priced lawyer. Typically, clients of high-priced lawyers pay for extras, like a large office, a famous name, or a large staff. Effective criminal defense usually does not require these things.

How Much Should I Expect to Pay?

First, a few words about fee structure. Informed consumers usually make the best choices. Some attorneys require retainers and bills by the hour. When the retainer account falls below a certain level, the client must add more money. Hourly billing is especially common in civil cases.

Most criminal attorneys charge stairstep fees, such as X for a negotiated settlement, X+Y for a bench trial, and X+Y+Z for a jury trial. Most Buffalo criminal lawyers also charge more for felonies than misdemeanors. Felonies are more complex, and there is more at stake.

Next, let’s look at how most attorneys set their fees. As mentioned, the Minnesota State Bar allows lawyers to set fees based on a number of factors. Two of the big ones are:

  • Experience: Look beyond years of experience. To many lawyers, criminal law is a sideline. These lawyers should be avoided, as should one-trick pony attorneys who only practice criminal law. You want someone in the middle.
  • Time Commitment: A murder trial or similar complex felony might require several months of full-time work. Since the lawyer cannot work on anything else during this period, the legal fee could be substantial. Also, the reason some lawyers charge less to handle plea bargains is that such matters are less time-consuming.

Other factors include the prevailing market rate for similar services, the novelty of the legal questions involved, and the client’s ability to pay.

Conclusion

Hiring an attorney involves smart thinking. Being charged with a crime can have life-changing consequences for the defendant and not in a good way. A conviction can ruin your life, and must be avoided as far as possible. In such cases, the services of an attorney who is experienced in dealing with such legal matters and getting favorable outcomes can make all the difference. Hence, it makes sense to have the best attorney on your side. Consider it as an investment you make towards a secure future. Hopefully, this post has helped you understand the importance of choosing an ethical and experienced criminal defense lawyer who adheres to a set fee structure to aggressively protect your interests.

Contact an Aggressive Criminal Defense Attorney in Buffalo

If you or your loved one has been arrested, you should act as quickly as possible because evidence and case facts need to be gathered without any delay. Our Buffalo criminal defense lawyers can begin working on your case as soon as you contact us, so you can look forward to positive outcomes and even avoid a potential conviction. Legal representation in a criminal case might be the most important investment you ever make. For a free consultation with an experienced Buffalo criminal lawyer, contact Carlson & Jones, P.A. at (855) 976-2444. Convenient payment plans are available.

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Buffalo Lawyers

215 East Highway 55, Suite 201
Buffalo, MN 55313

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Brainerd Lawyers

17025 Commercial Park Rd, Suite 2
Brainerd, MN 56401

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Hutchinson Lawyers

114 Main Street North
Hutchinson, MN 55350

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Phone: (320) 289-4761
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Minnetonka Lawyers

3911 Ridgedale Dr, Suite 404E
Minnetonka, MN 55305

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Phone: (952) 260-9640
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