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Only you can answer the question whether you need a criminal defense attorney  In part it depends on the type of charges you are facing. If you have been charged with a misdemeanor crime you face a maximum penalty of 90 days in jail and/or a $1,000 fine. In Minnesota, a gross misdemeanor charge can mean up to 365 days in jail and/or a $3,000 fine. And a felony charge can mean years, or even decades of prison. In addition to jail and fines, convictions for many types of offenses result in troubling “collateral consequences.”   Collateral consequences are civil penalties that flow from a criminal conviction. The most common types of collateral consequences are the loss of driving privileges, the loss of the right to possess a firearm, immigration issues — such as potential deportation, and the loss of professional licenses. In most cases the aid of an experienced criminal defense attorney gives you a much better chance of beating the charges or avoiding the harshest consequences that can flow from a conviction.

You should remain silent. You shouldn’t talk to the police, or anyone else, regarding the allegations. You should contact a lawyer immediately. A lawyer will help you preserve evidence helpful to your defense (e.g. text messages, witness statements, audio / video recordings). It may be helpful to draft a record of all the events leading up to your arrest. This record should be addressed to your lawyer and should not be shared with other people.

Yes: police can lie to you during questioning. And they are trained to do so as a means to get a confession. In nearly every circumstance talking to police will only lead to trouble. Invoke your right to remain silent and invoke your right to have an attorney present during questioning.

Surprisingly the answer is no: police officers do not have to read you your rights when they arrest you. However, if police intend to use your statements against you in court, you must first have received a Miranda warning. A common police tactic is to secure an unwarned confession — that is, get you to confess before reading you your Miranda rights — and then read you your rights. Because they can what you say against you after they've read you your rights, they get you to repeat your confession. Often suspects do not realize that they are under no obligation to repeat their confession after they have been read their rights.

No you do not have to consent to a police search. And more importantly your refusal to consent to a search cannot be the sole basis for an arrest. Nothing good comes from consenting to a search. Don’t do it.

The general answer is no: police do not need a warrant to arrest in Minnesota. In order for the police to lawfully arrest you they must have probable cause that a crime has been committed. Probable cause is more than a mere suspicion that a crime has been committed but it is much less than the evidence required to convict for the suspected crime. The exception to this general rule is if the police seek to arrest someone while in their home. In such cases a judicially approved warrant must be obtained prior to the arrest.

If you are driving a vehicle and police try to stop you, pull over in a safe location as quickly as possible. Be polite. Respect the officer’s safety concerns — keep your hands visible and do not make sudden movements. Provide the officer with your driver's license and proof of insurance. Do not consent to a search of your vehicle. Exercise your right to remain silent if the officer seeks an admission of guilt. If the officer prolongs the stop, ask if you are free to leave. After the stop, document the encounter (i.e. when you were stopped, how long you were detained, what the officer asked for).

If you are a passenger or otherwise stopped by police, stay calm and be polite. Under Minnesota law, if asked, you must provide the officer with your name and date of birth. Again, keep the officer’s safety in mind — keep your hands visible and do not make sudden movements. Ask if you are free to leave. If you are not free to leave politely ask why not. Do not consent to a search. If you are searched, do not resist. Invoke your right to remain silent. Request the presence of your attorney. After the stop, document the encounter (i.e. when you were stopped, how long you were detained, what the officer asked for).

If there is a warrant for your arrest, you should contact an attorney to discuss the specifics of your situation. There may be options to resolve the warrant without turning yourself in to jail. Contact the Balmer Law Office to discuss your personal circumstances.