Martine Law is a dedicated law firm in Minnesota representing clients who have been accused of a criminal offense. We have decades of experience handling criminal cases throughout the state. When you’re charged with a serious criminal offense, it may seem like the whole world’s against you. But we’ll stand by your side no matter what.
Martine Law
Minneapolis Criminal Defense Lawyers
Our Criminal Defense Services
At Martine Law, we’ve represented countless clients accused of crimes ranging from petty misdemeanors to felony assault. So we understand what you’re going through.
You might be frightened and worried about the legal and personal consequences if you’re convicted of a serious crime. You might also be feeling lost in a convoluted, broken system that doesn’t seem to be treating you fairly.
And you might even be feeling alone – like it’s you against the world. But you don’t have to be.
At Martine Law, we’re just as invested in your freedom as you are. We’ve seen the way that some people can be unfairly targeted by the criminal justice system, and we understand that overzealous prosecution and minimum legal penalties can sometimes do more harm than good.
We’re dedicated to keeping the government honest, and defending the rights of regular people from overreach.
We provide a wide range of criminal defense services, from DWI defense to litigation of felony charges.
Assault
You may find yourself in a situation where you’ve done something you can’t take back – or maybe you got into a heated argument, and now someone is accusing you of something you didn’t do. Whatever your situation, we will protect your rights and work tirelessly to clear your name.
Domestic Violence
While claims of domestic violence should be taken seriously, it’s also true that there is more than one side to every story. At Martine Law, we believe everyone has the right to make their voice heard in court, and we know how to paint the whole picture for the judge and jury so your future isn’t threatened.
Drug Charges
Being charged with a drug crime can mean serious consequences for your future. Often, people face unreasonable legal penalties because of an overzealous prosecutor, or even because of prejudice. That’s why we make it our job to stand up for people facing drug charges, and fight for the freedom they deserve.
DWI
Minnesota takes DWI charges seriously, with strict penalties for those convicted of impaired driving. However, DWI charges are often brought on flimsy evidence, such as a field sobriety test or a wrongful traffic stop. We’ll challenge your DWI charge in court and make sure your record stays clear.
Misdemeanors
Just because misdemeanors are seen as “less serious” than felonies does not mean that they can’t have serious consequences for your life. Whatever level of criminal charge you’re facing, you deserve a committed advocate who is willing to fight to get your case dismissed.
Theft
Minnesota theft laws cover a wide range of offenses, from shoplifting and identity theft to grand theft auto. Whether the thing you’re accused of stealing is tangible or intangible, you can face serious legal penalties. Let an experienced criminal defense lawyer protect your rights and challenge your theft charge in court.
Felonies
Being convicted of a felony doesn’t just mean longer jail time. It also means losing certain rights, facing barriers to employment and housing, and having a mark on your record for the rest of your life. If you’re being charged with a felony, you need a criminal defense lawyer who will fight to avoid a felony conviction at all costs.
Sex Crimes
If you’re facing sex crimes charges in Minnesota, it’s understandable to feel overwhelmed. Let us build your defense and stand up for your rights against a broken system.
Orders for Protections & Harassment Retraining Orders
Orders for Protection (OFPs) and Harassment Restraining Orders (HROs) can be used to provide safety when someone feels they are in danger. But sometimes, these orders can be filed frivolously as part of a messy divorce, or filled with false accusations. Let us help you figure out what this means for you
What Our Clients Say
“From the moment I called Martine Law, I was given strength and guidance through a criminal case I thought was going to put me behind bars for a very long time. Instead, this firm stuck with me and guided me to an outcome I am so grateful for. Now, I'm not behind locked doors but home and with my family.”
Shawn S.
“I got into a lot of trouble a few years back. Xavier Martine was fantastic, both inside the courtroom and out. He kept me out of jail and allowed me a path to get my life back on track. Hopefully I’ll never need a criminal defense attorney again. But if I do, he’ll be the person I call!”
Tyler Z.
“Xavier and his team are always on top of their cases, working hard to get more information and keeping you up to date on your situation. His diverse experience in different areas of law allows him to really attack the legality of your case and give the best option to moving forward in the legal process. I really appreciate his dedication to fairness in the way the law is applied.”
Collin D
Our Process
STEP TWO:
We’ll discuss your situation and desired outcomes, and determine if we can help.
STEP THREE:
If we’re a good fit, we’ll fight to get you the best results possible!
Our Minnesota Criminal Process Timeline
Preparation for the legal process in Minnesota is important to your case.
The courts tend to move fast, so we have to move faster.
Our criminal defense lawyers at Martine Law will prep you on what to expect at each level and how we can leverage it to get the best outcome in your case.
- ARREST
- FIRST APPEARANCE IN CRIMINAL COURT (ARRAIGNMENT)
- OMNIBUS HEARING (PRE-TRIAL CONFERENCE)
- CRIMINAL TRIAL
- SENTENCING
You’re arrested, booked, fingerprinted, photographed, and jailed. Don’t worry – under Minnesota law, you must be brought before the judge within 36 hours of your arrest.
You will make your first appearance in court, where the judge will formally read your rights and the charges against you. You will have the opportunity to plead guilty, not guilty, or no contest to these charges.
Our criminal defense attorney will work with the prosecution to determine whether your case can proceed without a trial. This is where we will present our criminal defense strategy to get your charges reduced or dropped entirely. We’ll proceed to trial if we can’t agree on a resolution.
A jury trial doesn’t mean the end of your case. The prosecution is tasked with proving your charges beyond a reasonable doubt. Our criminal defense attorneys are well-versed in litigation, and we defend clients vigorously in court.
The judge will provide sentencing for your charges if you are found guilty at trial. Your criminal defense lawyer and the prosecution will provide insight into what fair sentencing would be.
The cost of a criminal conviction: Minnesota offense levels and penalties
Criminal offenses in Minnesota – whether minor or major – are nothing to bat an eye at.
You could face serious penalties and lose your family, career, and future. Criminal charges are subject to Minnesota’s stringent sentencing guidelines, and they could leave you serving time, paying fines, or both.
Here’s what you could face if convicted:
Petty misdemeanor
- Fine of up to $300
- Example: traffic violations
Misdemeanor
- 90 days in jail
- Fine of up to $1,000
- Examples: first-time DWI and simple assault
Gross misdemeanor
- One year in jail
- Fine of up to $3000
- Examples: second DWI and property theft of $500-$1,000
Felony
- One year to life in prison
These penalties are not all-encompassing.
Depending on your charges, criminal history, and the legal system, you could incur enhanced penalties, spend extra time in jail, and pay additional fines.
As your criminal defense attorney, we want to help.
At Martine Law, we will provide aggressive legal representation on your behalf.
Our sole purpose is to protect your freedom.
Criminal Defense FAQs
What should I do if I've been arrested or charged with a crime in Minnesota?
Be respectful and comply with law enforcement’s orders, but exercise your right to remain silent. Do not speak with law enforcement without a lawyer present. The most important thing to do is to call a lawyer immediately. An experienced criminal defense counsel can protect your rights and guide you through the legal process.
What types of criminal cases does Martine Law handle in Minnesota?
Martine Law handles a wide range of criminal cases, including but not limited to DWI, drug offenses, assault, domestic violence, theft, sex crimes, and more.
Will I have to go to trial for my criminal case in Minnesota?
Not necessarily. Our first goal is always to examine the situation and determine if we can get your case dismissed. When dismissal is not possible, many criminal cases are resolved through negotiations with prosecutors, plea bargains, or alternative sentencing options. However, if going to trial is in your best interest, Martine Law will provide vigorous representation in court.
How do I choose the right criminal defense attorney for my case?
When choosing a criminal defense attorney, you need to find a lawyer with significant experience in the type of charge you’re facing, a track record of success, and an open communication style. Martine Law offers a team of dedicated attorneys with a proven record of achieving favorable outcomes for clients.
Areas Served
- St. Paul
- Minnetonka
- Bloomington
- St. Louis Park
- Brooklyn Park
- Maplewood
- Plymouth
- Richfield
- Lakeville
- Roseville
- Blaine
- Inver Grove Heights
- Maple Grove
- Brooklyn Center
- St. Cloud
- Shoreview
- Eagan
- Rosemount
- Burnsville
- Chanhassen
- Eden Prairie
- White Bear Lake
- Apple Valley
- Farmington
- Edina
- Lino Lakes
- Fridley
- Mankato
- Chaska
- Isanti
- Cambridge
- Litchfield
- Rochester
- Savage
- Elk River
- Big Lake
- Waseca
- Buffalo
- Champlin (Incl. Hassan Township)
- New Brighton
- Mounds View
- Crystal
- Vadnais Heights
- Golden Valley
- Annandale
- St. Michael
- North St. Paul
- Hastings
- Mendota Heights
- New Hope
- Little Canada
- West St. Paul
- Arden Hills
- Northfield
- Mound
- South St. Paul
- St. Anthony
- Sartell
- Minnetrista
- Hopkins
- Waite Park
- Robbinsdale
- Dayton
- Rogers
- Lake Elmo
- Coon Rapids
- Andover
- Carver
- Red Wing
- Hutchinson
- Faribault
- Shakopee
- Prior Lake
- Jordan
- Richmond
- Owatonna
Get Started on Your Criminal Defense Case Today
At Martine Law, we fight for just solutions that keep the criminal justice system honest. We’re dedicated to getting you the outcome you deserve, and we’re not afraid to take the gloves off if we need to. Contact us today to speak to an Intake Specialist. Spanish speaking staff available.
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Subscribe NowMinnesota offense levels and penalties
Minnesota sorts crimes into three levels under Minn. Stat. 609.02. All criminal cases, felony and misdemeanor, are heard in District Court; Minnesota has no Superior Court.
| Level | Maximum incarceration | Maximum fine |
|---|---|---|
| Misdemeanor | 90 days | $1,000 |
| Gross misdemeanor | 364 days | $3,000 |
| Felony | More than 1 year | Varies by offense |
Ver esta pagina en espanol / Read this page in Spanish
The stay of imposition: how a Minneapolis felony charge can end without a felony record
This is the most important thing most people facing a felony in Hennepin County do not know, and it is written directly into Minnesota law.
Under Minn. Stat. 609.13, subd. 1(2), a felony conviction “is deemed to be for a misdemeanor if the imposition of the prison sentence is stayed, the defendant is placed on probation, and the defendant is thereafter discharged without a prison sentence.”
Read that again, because the consequence is large. On a stay of imposition, you plead or are found guilty of a felony, the court does not impose the prison sentence, you complete probation, and on discharge the conviction is deemed a misdemeanor. Not expunged, not hidden, but legally reclassified. That is the difference between carrying a felony record and not.
| Disposition | What happens | Record after successful probation |
|---|---|---|
| Stay of imposition | No sentence is imposed; probation is ordered | Deemed a misdemeanor on discharge (609.13 subd. 1(2)) |
| Stay of execution | A sentence is imposed, then its execution is stayed | Remains a felony. The sentence exists, it was just not executed |
| Executed sentence | The prison sentence is carried out | Felony |
The two stays sound almost identical and are constantly confused, including by people who have already accepted one. Which one you receive is negotiated, and it is one of the highest-value things argued at a plea or sentencing hearing in Hennepin County. If someone tells you that you are getting “a stay,” the question to ask is: imposition or execution?
The same mechanism runs the other direction under 609.13, subd. 2: a gross misdemeanor is deemed a misdemeanor where the sentence imposed is within misdemeanor limits, or where imposition is stayed and you are discharged without sentence.
How long probation can last
Under Minn. Stat. 609.135, subd. 2(a), on a felony the stay is for not more than five years, or the maximum period for which the prison sentence might have been imposed, whichever is less. A narrow set of serious offenses listed in subd. 2(b) is treated differently, using the longer of four years or the maximum. For most felonies the practical ceiling is five years, and shorter terms are negotiable.
Frequently asked questions about criminal charges in Minneapolis
Can a felony be reduced to a misdemeanor in Minnesota?
Yes, and it does not require a separate petition. Under Minn. Stat. 609.13, subd. 1(2), a felony conviction is deemed to be a misdemeanor if imposition of the prison sentence was stayed, you were placed on probation, and you were discharged without a prison sentence.
What is the difference between a stay of imposition and a stay of execution in Minnesota?
On a stay of imposition no sentence is imposed, and on successful discharge the felony is deemed a misdemeanor. On a stay of execution a sentence is imposed and then not carried out, and the conviction stays a felony. The difference is permanent, which is why it is worth negotiating.
How long is felony probation in Minnesota?
Generally not more than five years, or the maximum period for which the prison sentence could have been imposed, whichever is less, under Minn. Stat. 609.135, subd. 2(a). Certain serious offenses follow a different rule in subd. 2(b).
Which court hears Minneapolis criminal cases?
Hennepin County District Court. Minnesota has no Superior Court; felonies, gross misdemeanors and misdemeanors are all heard in District Court.
Is a stay of imposition an expungement?
No. The conviction still exists and still appears on a records check. It is reclassified as a misdemeanor for legal purposes. Expungement is a separate process, and being deemed a misdemeanor can make a later expungement petition more straightforward.
Does a stay of imposition show up on a background check?
The conviction remains on the record. What changes is its classification, which is what many employers, licensing boards and housing applications actually screen on.
Do I have to accept whichever stay the prosecutor offers?
No. Which stay applies is part of what is negotiated and argued, and the distinction is often more valuable long term than a difference in probation length or fine amount.
Facing a criminal charge in Minneapolis or Hennepin County? Whether your case ends in a stay of imposition or a stay of execution can decide whether you carry a felony record for life. Call Martine Law at (612) 441-4417 for a free consultation, 24/7.
This page states Minnesota law and is for general information, not legal advice.