Frequently Asked Questions
Answers to common questions about criminal defense and family law in Minnesota. If you do not find what you are looking for, contact us directly.
Do not make any statements to law enforcement beyond providing your name and identification. Do not discuss the incident with anyone other than your attorney. Write down everything you remember about the stop and arrest while it is fresh. Contact a defense attorney immediately. There are time-sensitive deadlines for challenging your license revocation (60 days from receipt of the notice of revocation).
Minnesota's implied consent law makes refusal of a breath test a crime. Refusing is a gross misdemeanor that can be charged separately from the DWI itself. However, there are constitutional challenges to implied consent laws that an attorney can evaluate in your case. The decision to refuse or submit is consequential either way. Contact an attorney as soon as possible.
In Minnesota, the terms are used interchangeably. Minnesota law uses the term DWI (Driving While Impaired). The offense covers impairment by alcohol, controlled substances, or a combination of both.
Yes. Minnesota's DWI statute applies to a person who 'operates' a motor vehicle while impaired. Courts have interpreted 'operates' broadly to include situations where a person is in physical control of a vehicle (for example, sitting in the driver's seat with the keys in the ignition), even if the vehicle is not moving.
A petty misdemeanor carries only a fine. A misdemeanor carries up to 90 days in jail and a $1,000 fine. A gross misdemeanor carries up to 364 days in jail and a $3,000 fine. A felony carries one year or more in prison. Felony convictions carry more severe collateral consequences, including loss of firearms rights and effects on professional licenses. A person convicted of a felony loses the right to vote only while incarcerated for the offense.
A first-offense DWI in Minnesota is typically a fourth-degree misdemeanor carrying up to 90 days in jail and a $1,000 fine. An attorney can evaluate the specific facts of your case.
Minnesota has no waiting period for a divorce; the respondent has 30 days after service of the petition to answer. Uncontested divorces typically take 2 to 4 months. Contested divorces involving disputes over property, custody, or maintenance can take a year or more depending on the complexity of the issues and the court's calendar.
Minnesota is an equitable distribution state. Marital property (assets and debts acquired during the marriage) is divided equitably, which means fairly but not necessarily equally. The court considers factors including the length of the marriage, each party's economic circumstances, and contributions to the marital estate. Nonmarital property (owned before marriage or received by gift or inheritance) is generally not subject to division.
Minnesota courts consider 12 statutory best interests factors, including the child's physical, emotional, cultural, and spiritual needs, the child's reasonable preference if the child is mature enough, any domestic abuse, each parent's history of caring for the child, and the effect of changes to the child's home, school, and community.
Yes, in limited circumstances, and the standard for modification is higher than for the initial custody decision. A motion to modify generally cannot be brought within one year of the order, or within two years after a prior motion, unless the child's present environment may endanger the child or a parent has persistently and willfully interfered with parenting time. The court must find a change in circumstances and that the modification serves the child's best interests, and it must keep the existing arrangement unless, for example, both parties agree, the child has been integrated into the moving parent's family with the other parent's consent, or the child's present environment endangers the child and the harm likely from a change is outweighed by its advantages.
An Order for Protection (OFP) is a civil court order that prohibits a person from having contact with another person who has experienced domestic abuse. To obtain an OFP, you file a petition with the court describing the abuse. A temporary (ex parte) OFP can be issued the same day or within 24 hours. If the petitioner did not request a hearing, no hearing is held unless the respondent requests one within 5 days of service; that hearing is held within 10 days of the court's receipt of the request.
At an arraignment, you are formally informed of the charges against you and asked to enter a plea, such as guilty or not guilty. Minnesota has no no contest plea. In most cases, an attorney will advise you to enter a not-guilty plea at arraignment to preserve your options. The court also addresses bail and conditions of release at this stage.
Bail is money or other security deposited with the court to ensure that a defendant appears for future court proceedings. In Minnesota, bail is set by a judge based on factors including the severity of the offense, the defendant's criminal history, ties to the community, and the risk of flight. An attorney can argue for lower bail or release on personal recognizance.
A pretrial hearing is a court proceeding held before trial to address legal issues in the case. Common pretrial motions include motions to suppress evidence obtained through an unlawful search, motions to dismiss for insufficient evidence, and motions to exclude certain testimony. Pretrial hearings can significantly affect the outcome of a case.
In a bench trial, the judge decides both questions of law and questions of fact. In a jury trial, a jury of peers decides questions of fact (was the defendant guilty beyond a reasonable doubt?) while the judge decides questions of law. In Minnesota, a defendant has the right to a jury trial for any offense punishable by incarceration.
Beyond a reasonable doubt is the highest standard of proof in the legal system. It means that the jury must be firmly convinced of the defendant's guilt, not just that guilt is more likely than not. If the jury has a reasonable doubt about any element of the charged offense, it must acquit.
A plea agreement is a negotiated resolution between the prosecutor and the defendant in which the defendant agrees to plead guilty to one or more charges in exchange for a concession from the prosecutor, such as dismissal of other charges, a reduced charge, or a sentencing recommendation. An attorney can evaluate whether a plea offer is in your best interests.
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