Minnesota Criminal Defense Attorney

What does a Minnesota criminal defense attorney do?

A defense attorney’s job changes at each stage of the case, and the earlier the attorney is involved, the more options remain.

• Before charges. Advise you on whether to speak with investigators, communicate with the investigator on your behalf, and look for ways to address the allegation before a complaint is filed. Read our guide to police interviews and your rights in Minnesota.
• At the first appearance. Argue for release without bail or on lower bail, and for narrower no-contact and travel conditions.
• During discovery. Obtain squad and body camera video, 911 audio, lab records and witness statements, then identify every stop, search, seizure and statement that can be challenged.
• At the omnibus or pretrial hearing. File and argue motions to suppress evidence and to dismiss for lack of probable cause.
• In negotiation. Use the motion rulings and weaknesses in the state’s proof to pursue dismissal, a reduced charge, a stay of adjudication, diversion or a stayed sentence where the facts and law allow it.
• At trial. Select the jury, cross-examine the state’s witnesses and hold the prosecution to proof beyond a reasonable doubt.
• At sentencing. Challenge the criminal history score, present mitigation and argue for a departure or a stayed sentence where the facts support it.

Why choose Martine Law for a Minnesota criminal case?

Martine Law handles criminal cases in Hennepin, Ramsey, Washington, Dakota and Anoka Counties and across the rest of Minnesota. When you call, the firm takes down the basic facts and sets a consultation with a Minnesota criminal defense attorney. At the consultation the attorney reviews the charge, your next court date and any release or no-contact order, explains the realistic range of outcomes, and tells you what has to happen before the next hearing. Phones are answered 24/7.

What should you do right after an arrest or criminal charge?

• Do not discuss the facts with police, friends or on jail calls. Ordinary jail calls and video visits are recorded.
• Write down your next court date and the county. Missing a court date can lead to a warrant.
• Read every release condition and no-contact order. Violating one is a separate offense.
• Save what you were given. The citation, complaint, property receipt, release paperwork and any license revocation notice.
• Watch the license deadline in a DWI case. You have 60 days after receiving the notice of revocation to ask a court to review it. Source: Minnesota Statutes 169A.53
• Call a Minnesota criminal defense lawyer before your first appearance if you can. Our bail guide covers bail and bond in Minnesota.

What criminal charges does Martine Law defend in Minnesota?

Minnesota divides crimes into three levels. A misdemeanor carries up to 90 days in jail and a $1,000 fine, a gross misdemeanor up to 364 days and a $3,000 fine, and a felony is any crime that can carry a sentence of one year or more. Source: Minnesota Statutes 609.02 Source: Minnesota Statutes 609.03

• DWI. Minnesota defines impaired driving in section 169A.20 and grades it in four degrees under sections 169A.24 to 169A.27 based on aggravating factors. A failed or refused test usually also starts a separate implied consent license revocation. Source: Minnesota Statutes 169A.20 Source: Minnesota Statutes 169A.27 See our Minnesota DWI defense page.
• Domestic assault. Domestic assault starts as a misdemeanor. A qualified prior domestic violence-related conviction or adjudication within the lookback period can make it a gross misdemeanor, and two or more can make it a felony with up to five years in prison. The court may also issue a domestic abuse no-contact order during the case. Source: Minnesota Statutes 609.2242 See our domestic violence defense page and our explainer on violating a DANCO.
• Assault. Fifth degree assault starts as a misdemeanor and can be enhanced by qualified priors. Higher degrees turn on the level of injury, the use of a dangerous weapon and the status of the victim. Source: Minnesota Statutes 609.224 See our assault defense page.
• Felonies. Felonies are prosecuted by the county attorney and sentenced under the Minnesota Sentencing Guidelines, which set a presumptive sentence from the severity of the offense and your criminal history score. Source: Minnesota Statutes 388.051 Source: Minnesota Statutes 244.09 See our felony defense page.
• Criminal sexual conduct. Minnesota charges criminal sexual conduct in five degrees. First degree ordinarily carries up to 30 years and a $40,000 fine, and special sentencing provisions can require life imprisonment in specified cases. Fifth degree is a gross misdemeanor for nonconsensual sexual contact but a felony for nonconsensual penetration and for certain repeat offenses. Some convictions require predatory offender registration, conditional release, or both. Source: Minnesota Statutes 609.342 Source: Minnesota Statutes 609.3451 Source: Minnesota Statutes 609.3455 Source: Minnesota Statutes 243.166 See our sex crimes defense page.
• Drug crimes. Fifth degree possession is a gross misdemeanor for a person with no prior drug conviction who possessed less than 0.25 grams or one dosage unit or less of a controlled substance other than heroin, or less than 0.05 grams of heroin. Otherwise it is a felony with up to five years. Weight, drug type, intent to sell and prior record set the degree. Source: Minnesota Statutes 152.025 See our drug charge defense page.
• Theft. For ordinary value-based theft, $500 or less is a misdemeanor, more than $500 up to $1,000 is a gross misdemeanor, and more than $1,000 is a felony. The type of property, how it was taken and prior theft convictions can raise the level at lower values, and a firearm theft is a felony regardless of value. For offenses on or after August 1, 2026, theft from a person the offender knows or has reason to know is a vulnerable adult carries a higher penalty level. Source: Minnesota Statutes 609.52 See our theft crimes defense page.
• Orders for protection and harassment restraining orders. An OFP is a civil order. A knowing violation is a misdemeanor, a gross misdemeanor with one qualified prior within ten years, and a felony with two or more qualified priors within ten years or when the person possessed a dangerous weapon. A respondent served with an HRO petition generally must request a hearing within 20 days after service. Source: Minnesota Statutes 518B.01 Source: Minnesota Statutes 609.748 See our pages on orders for protection and harassment restraining orders.
• Probation violations. The state must prove a violation by clear and convincing evidence. Even after finding a violation, the court can continue or modify probation, and Minnesota law treats revocation as a last resort when rehabilitation has failed. Source: Minnesota Rules of Criminal Procedure 27.04 Source: Minnesota Statutes 609.14 See our probation violation page.
• Expungement. Eligible records can be sealed by petition after a waiting period that generally runs from discharge of the sentence, and some records now qualify for automatic sealing. Eligibility depends on the offense and your later record, and sealing limits access to a record rather than destroying it. Source: Minnesota Statutes 609A.02 Source: Minnesota Statutes 609A.015 See our expungement page.

What happens in a Minnesota criminal case?

The path depends on the charge level, whether you are in custody and whether the case resolves early, but most cases pass through these checkpoints.

First appearance

After a warrantless arrest, a person held in custody must be brought before a judge without unnecessary delay and within 36 hours, not counting the day of arrest, Sundays and legal holidays, or as soon as a judge is available. A judge must also find probable cause within 48 hours or the person must be released. Warrant arrests follow the terms of the warrant. Source: Minnesota Rules of Criminal Procedure 4 At the first appearance the court explains the charge and your rights, appoints a public defender if you qualify, and sets release conditions. Source: Minnesota Rules of Criminal Procedure 5 Source: Minnesota Rules of Criminal Procedure 6

Omnibus hearing

In felony and gross misdemeanor cases, the omnibus hearing is where the defense challenges probable cause and moves to suppress evidence. It ordinarily starts within 42 days after the first appearance, or within 28 days when the first appearance was combined with the Rule 8 hearing, and the court may continue it for good cause. Source: Minnesota Rules of Criminal Procedure 11 Misdemeanor cases handle the same motions at a pretrial conference. Pretrial motions have filing and service deadlines, and missing them can waive an issue. Source: Minnesota Rules of Criminal Procedure 10 Source: Minnesota Rules of Criminal Procedure 12

Plea or trial

Cases can resolve before or after the motion rulings, and discovery and evidentiary issues shape the negotiation. After a not guilty plea, a defendant who demands a speedy trial is entitled to a trial that starts within 60 days of the demand unless the court finds good cause for delay. Source: Minnesota Rules of Criminal Procedure 11.09

Sentencing

In felony cases the court orders a presentence investigation before sentencing. Source: Minnesota Statutes 609.115 A judge may depart from the presumptive guidelines sentence only for substantial and compelling circumstances, and must state the reasons and make findings, which are recorded in a departure report. Source: Minnesota Statutes 244.10 Source: Minnesota Rules of Criminal Procedure 27.03

Can a Minnesota criminal charge be dismissed or resolved without a conviction?

Sometimes, depending on the charge, the evidence and your record. The outcomes are different from each other:

• Dismissal. The prosecutor dismisses the charge, or the court dismisses it for lack of probable cause or after evidence is suppressed.
• Diversion. A prosecutor-run program that ends in dismissal when you complete the conditions.
• Stay of adjudication. The court accepts the facts but does not enter a conviction, and the case is dismissed if you complete probation. Source: Minnesota Statutes 609.095 First-time drug possession cases have their own stay of adjudication statute. Source: Minnesota Statutes 152.18
• Stay of imposition. For a felony, the conviction is deemed a misdemeanor once you complete probation without a prison sentence. Source: Minnesota Statutes 609.13
• Stay of execution. A sentence is pronounced but not served as long as you follow probation. Source: Minnesota Statutes 609.135
• Acquittal. A not guilty verdict at trial.

How do you choose a criminal defense attorney in Minnesota?

Choose a lawyer who regularly appears in the court where your case is charged, handles your type of charge every week and will tell you plainly what the evidence shows. Ask who will handle your hearings, how the firm communicates between court dates and what the realistic range of outcomes is. Be cautious of anyone who promises a result before reading the complaint. Our guide on how to find and hire a criminal defense lawyer in Minneapolis lists the questions to ask at the consultation.

Does Martine Law handle criminal cases in Minneapolis and across Minnesota?

Yes. Martine Law appears in district courts across Minnesota, with most cases in the Twin Cities metro.

• Minneapolis and Hennepin County. Hennepin County criminal cases are heard at the Government Center in downtown Minneapolis and at suburban court locations, so always follow the location on your notice. In Minneapolis, the city attorney prosecutes most misdemeanors and gross misdemeanors and the Hennepin County Attorney prosecutes felonies and certain other offenses. Source: Minnesota Statutes 484.87 Source: Minnesota Statutes 388.051 See our pages for a criminal defense lawyer in Minneapolis and for Hennepin County criminal defense.
• Ramsey County. St. Paul and the Ramsey County District Court. See our Ramsey County criminal defense page.
• Dakota County. Hastings, Apple Valley, Burnsville, Eagan and Lakeville.
• Anoka County. Anoka, Blaine, Coon Rapids and Fridley.
• Washington County. Stillwater, Woodbury, Oakdale and Lake Elmo. See our Washington County criminal defense page.
• Statewide. Scott, Carver, Wright, Sherburne, Stearns, Olmsted, Blue Earth, St. Louis and every other Minnesota county, in person or by remote appearance where the court allows it.

Questions about hiring a Minnesota criminal defense attorney

Can I get a public defender in Minnesota?

Yes, if you are charged with a felony, gross misdemeanor or misdemeanor and the court finds you financially unable to hire a lawyer. You can ask for one at your first appearance. Eligibility for a public defender does not prevent you from hiring a private attorney instead. Source: Minnesota Statutes 611.14

Will I go to jail?

It depends on the charge, your criminal history, any mandatory minimum that applies and the facts of the case. Many first-time misdemeanor and gross misdemeanor cases end with probation or a stayed sentence instead of jail, but no lawyer can predict the result before reviewing the complaint and the evidence.

Do I need a lawyer if the charge is only a misdemeanor?

Usually, yes. A misdemeanor conviction goes on your record, can enhance a later charge to a gross misdemeanor or felony, and can affect housing, employment, firearms and immigration. Some misdemeanor cases can be resolved without a conviction, but that usually takes motions or negotiation. You can hire a lawyer, ask for a public defender if you qualify, or represent yourself after a valid waiver. Source: Minnesota Rules of Criminal Procedure 5

Can the alleged victim drop the charges?

No. In Minnesota the prosecutor decides whether a case goes forward. A witness who does not want to proceed can affect the state’s proof, but the case is not dismissed just because the witness asks. Read our explainer on what happens when the victim won’t press charges.

Can I contact the protected person if they invite me?

No. A no-contact order or order for protection binds the person it restrains, not the protected person, and an invitation does not change it. Only the court can modify or cancel the order, and contact in the meantime can be charged as a violation. Source: Minnesota Statutes 629.75 Source: Minnesota Statutes 518B.01

What should I do if police want to question me?

You can decline to answer questions and ask for a lawyer. Say it clearly, then stop talking. A lawyer can contact the investigator for you and find out what the investigation is about.

What should I bring to the first consultation?

Bring the complaint or citation, any release or no-contact order, your next court date and anything the police gave you. If you do not have paperwork yet, your name, date of birth, the arrest date and the county are enough to start.

How long does a Minnesota criminal case take?

It depends on discovery, the motions filed, the court’s calendar, whether you are in custody and whether the case resolves by agreement or goes to trial. A felony usually takes longer than a misdemeanor because of the omnibus hearing.

Can a family member hire the lawyer for me?

A family member can pay for your representation, but you remain the client. Paying does not give the family member control over the case or access to what you tell your lawyer. Source: Minnesota Rules of Professional Conduct 1.8(f)

Talk with Martine Law about your Minnesota criminal charge

Martine Law PLLC defends criminal cases in every Minnesota county. Tell us the charge, the county and your next court date, and a Minnesota criminal defense attorney will explain where your case stands and what can be done before the next hearing. Phones are answered 24/7. Call 612-294-0650 to request a free consultation.

This content provides general information and should not be considered legal advice. Contact Martine Law for guidance specific to your situation.

Criminal defense services are provided by Martine Law PLLC.

Related: Minnesota expungement and Clean Slate; probation violation defense; and our county pages: Ramsey County criminal defense and DWI, Washington County criminal defense and DWI and Hennepin County criminal defense and DWI.