Frequently Asked Questions
Criminal Defense Law
- What happens if I am arrested?
- What is the Procedure on First Appearance?
- Was my arrest lawful?
- Can I challenge the sufficiency of the search warrant?
- Was the search warrant properly executed by the police?
- Do I have to consent to the search of my person, home, or car?
- What if my car was stopped by the police without suspicion of a crime?
- Why do I need to hire an attorney?
Criminal Law Articles
- How Do I Avoid A DWI Arrest?
- What Should I Do If I Am A Suspect In A Criminal Case?
- What Can Be Done If I Have Already Confessed?
- Can The Police Search Your Garbage For Contraband?
- When Can Police Arrest You Without a Warrant?
What happens if I am arrested?
If you have been arrested without a warrant for a misdemeanor offense, the officer must issue you a citation and release you, unless it appears to the officer that detention is necessary to prevent further criminal conduct or if there is a substantial likelihood that you will fail to respond to the citation.
If you have been arrested under a warrant issued upon a complaint, you must be taken before a judge as directed in the warrant. The amount of the bail must be included on the face of the warrant.
If you have been arrested for a felony without a warrant, you must be brought before the judge within 36 hours, exclusive of the day of arrest, Sundays and legal holidays. A judge must review the case and make a probable cause determination within 48 hours from the time of arrest. If the court determines there is no probable cause to believe a crime was committed by you, or if no determination of probable cause is made within 48 hours, you must be released immediately.
What is the Procedure on First Appearance?
On your first court appearance, if you have not received a copy of the complaint, you must be provided with a copy. On motion of the prosecuting attorney, the court will require you to be booked, photographed, and fingerprinted. If you are charged with a felony or gross misdemeanor, you will not be called upon to enter a plea. You will be advised by the court that you are not required to say anything or submit to interrogation; you have a right to counsel at all stages of the proceedings; a continuance will be granted to speak with or retain counsel; and that you have a right to either a jury trial or court trial. The court will order that you be released pending trial on your personal recognizance or on an order to appear or upon execution of an unsecured appearance bond. The court may also impose conditions of release to insure your court appearance such as restrictions on travel, association, or by being placed under the supervision or a designated person or organization. In making its decision, the court relies on factors such as family ties, employment, financial resources, and length of residence in community. The court is also required to set a second, monetary bail, with no conditions of release.
Was my arrest lawful?
When probable cause exists, the police may arrest a felony suspect without a warrant in any public place. If the arrest was valid, the police may search the suspect and any area within the suspect's immediate control as an incident to the arrest without additional justification. The test for probable cause for an arrest is based on an objective standard. The police must show that they reasonably could have believed that a crime has been committed by the person to be arrested. If the court finds the arrest to be unlawful, the evidence seized from the suspect, or found in the area of his immediate control, e.g. crack cocaine, will be suppressed and unavailable for use during trial. As a skilled Minneapolis Criminal Defense Attorney, I can help ensure that you benefit fully from these rights.
Can I challenge the sufficiency of the search warrant?
Yes. A search warrant can only be issued if, based on the totality of the circumstances, there is a fair probability that contraband or evidence of a crime will be found in a particular location. A challenge can be made by reviewing the affidavit in support of the search warrant to determine, for example, whether or not the confidential informant was reliable, or whether or not there is a link between the suspected criminal activity and the place to be searched. If the affidavit does not provide sufficient probable cause to support the issuance of a search warrant, all the evidence obtained from the place searched must be suppressed.
Was the search warrant properly executed by the police?
When executing a search warrant, the Fourth Amendment demands that police "knock and announce" their authority and purpose before making an entry. The police must wait a reasonable amount of time for an answer before entering the premises. There are exceptions to this rule. If the facts at the threshold justify a belief that the premises are vacant or that knocking would be a useless gesture, as in a case where residents know that the police are at the door, then the knock and announce requirement does not apply. Also, if police believe that an announced entry would result in the destruction of evidence or danger to the officer, they are not required to knock and announce prior to entry. Police may obtain a no knock warrant which authorizes an unannounced entry upon a showing that an announced entry will result in the destruction of evidence or danger to the police. The evidence obtained as a result of a violation of the knock and announce rule or as a result of an invalid no knock warrant will be suppressed by the court and unavailable for use by the prosecution at trial.
Do I have to consent to the search of my person, home, or car?
No. A warrantless search may be conducted by police when the subject of the search voluntarily consents. The prosecution has the burden of proving that the consent was voluntary and not coerced. If a voluntary consent is granted, the search must not exceed the scope of the consent. If the police knock on your door and ask for permission to search your home, unless they have a warrant, you have no legal obligation to consent to the search. If police ask for permission to search your person or your car, you have no legal obligation to consent to the search and should not consent to the search.
What if my car was stopped by the police without suspicion of a crime?
You have a case. To make a legal investigatory stop of a motor vehicle, police must have facts that establish a reasonable suspicion of a driving violation or criminal activity. It is illegal for the police to stop a vehicle based on a mere whim or idle curiosity. If the stop of the vehicle was illegal, the evidence obtained as a result of the stop, e.g. blood alcohol content, will be suppressed and can not be used against your at trial.
Why do I need to hire an attorney?
Your freedom depends on it. You need an experienced Minnesota Criminal Attorney to protect your life and your freedom. If you are convicted of a felony, you may be subject to a mandatory minimum prison sentence, loss of your right to vote, and right to possess a firearm. A felony conviction will curtail your employment opportunities and brand you for life as a convicted felon. A DWI conviction can result in a jail sentence, loss of driving privileges, loss of vehicle and plate impoundment. The outcome of your case depends on the facts, applicable law and choosing the right attorney.
If you or someone you know in Minnesota or Wisconsin needs the assistance of an experienced Minneapolis Criminal Attorney, call Robert J. Shane any time, day or night, at 612-339-1024, or complete the contact form provided on this site to schedule your free consultation.