Questioning by the police can be intimidating, aggressive, and frightening. It is important that you understand your rights so that you can protect yourself. If you are arrested or detained you have constitutional rights, known as Miranda Rights. This means you have the right to speak with an attorney. You have the right to have [...]
There are four levels of offenses in Minnesota. A petty misdemeanor is not a crime, and usually involves some sort of fine but does not include jail time. Felonies, Gross Misdemeanors, and Misdemeanors are crimes, with Felonies carry the most severe penalties, and Misdemeanors carrying the least severe penalties. Category: Petty Misdemeanor Maximum Sanction: Fine of [...]
In Minnesota, certain offenses are enhanceable meaning that specific factors can increase the severity level of an offense. Meaning of an aggravating factor is present then the offense severity could increase from a misdemeanor to a gross-misdemeanor, or from a gross-misdemeanor to a felony. Below is a table of examples of enhanceable offenses in Minnesota. Driving [...]
After you are arrested you will first be booked. During the booking process, law enforcement will ask you basic background information (name, date of birth, address, etc.), and fingerprint and photograph you. If you are held in custody after your arrest you will then go in front of a Judge to determine whether or not bail [...]
All persons charged with a crime in Minnesota are entitled to a trial. If the offense is punishable by incarceration (misdemeanor to Felony) then you have a right to a jury trial. If the offense is not punishable by incarceration (petty misdemeanor) you have a right to a court trial. A jury trial will be held [...]
I keep hearing “burden of proof” and “beyond a reasonable doubt” but what do these terms mean? Burden of proof can define the duty placed upon a party to prove or disprove a disputed fact, or it can define which party bears this burden. In criminal cases, the burden of proof is placed on the [...]
A plea bargain is an agreement in a criminal case between the defendant and the prosecutor where the defendant agrees to plead guilty to a particular charge in exchange for some concessions by the prosecutor. These agreements are usually negotiated before trial, and in many situations the guilty plea is for a lesser charge than originally [...]
