The DWI Process – How I Help

If you are charged with a misdemeanor or felony crime,  you will need a good criminal defense lawyer to help with your case. To  qualify as a quality legal representative, an attorney should be  well-versed in state and local laws. In this case, it means having a  thorough understanding of Minnesota and Woodbury laws and statutes. A  good criminal lawyer will take the time to listen to your side of the  story. They will also approach a case based on the evidence and without  making any judgments based on a defendant’s perceived character.  Finally, a good attorney will allow the defendant to have control of how  the case proceeds. This means that they get to decide whether to take a  plea deal, testify at trial or make other important decisions. While an  attorney may not agree with those decisions and will advise as such,  the best ones respect whatever choices a client makes.
Read More: What Does A Criminal Defense Lawyer Do?

After someone has been arrested, there are various  procedures that follow. First, their case will be given to the proper  prosecutor’s office where a decision of what charges -if any- will be  filed. A prosecutor isn’t bound by the initial charge decision, they may  change it later if more evidence is obtained. Please note that they  also have the right to a speedy trial. In Minnesota, this means that  they have to be tried within 120 days of pleading not guilty or within  60 days of demanding a trial. After that, is their arraignment. During  the arraignment, the judge will read the defendant’s charges, ask the  defendant if they have an attorney or needs the assistance of a  court-appointed attorney, ask the defendant how they plead to the  charges, decides whether to alter the bail amount or to release the  defendant on their own recognizance and finally announce the dates of  future proceedings in the case. They may be able to get out of jail  after their arrest and before the trial by posting bail. Posting bail is  the process of giving the court money to ensure that they’ll make an  appearance at future dates. If they do, the court refunds the money. If  they don’t, the court will keep it and be able to issue a warrant for  your arrest.
Read More: What Happens When You Get Arrested?

Being arrested is serious, and if the police want to  speak with you after you have been arrested it is important that you  understand your rights. You have certain constitutional rights that  protect you when you are arrested by the police. Among these rights are:  (1) the right to remain silent, and (2) the right to speak with an  attorney. If you choose to give up these rights, anything you say could  potentially be used against you in legal proceedings. In contrast,  anything that you say to a lawyer is protected by the attorney-client  privilege and cannot be discovered by law enforcement or used against  you. When you are arrested, it is impossible to know what evidence law  enforcement currently has or what evidence they might develop in your  case. It is permissible for law enforcement to lie to you during  questioning and use other interrogation methods to influence your  statements. In addition, you will likely be under emotional stress due  to the arrest. If you are arrested, you should assert your  constitutional rights. Remain silent. Do not talk to the police. Request  to speak with an experienced criminal defense lawyer who can protect  you and give you the advice you need.
Read More: Do I Have To Answer Police Questions?

After being charged with a crime you will face an  arraignment, which is also known as the first appearance. This first  stage of the criminal process is to ensure that your constitutional  rights are met. The charges and consequences you are facing are  explained in detail. This process was initially put in place for  individuals with literacy issues, comprehension, and language barriers.  Prosecutors are usually known to encourage most defendants to plead  guilty for less jail time or in accordance with the statistics of like  crimes. You must keep in mind that the prosecution works on behalf of  Minnesota state and not the defendant. Guilty pleas close their cases  automatically. The defendant is the one that either benefits or suffers  from their plea. It is imperative that you make your plea in accordance  with the charges and evidence presented against you. Obtaining legal  representation may be the best way to ensure your due process. During  this first appearance, a public defender will be assigned to you if you  cannot afford to retain private legal services.
Read More: What Does An Arraignment Mean?

A pretrial conference is a meeting that is held usually  about 30 days before the trial between the plaintiff, judge, prosecutor,  and defense counsel. This meeting is the perfect platform to ensure  that all evidence, charges, witnesses, and motions are legitimate. On  some occasions, there is sufficient evidence presented to drop the case  or acquire a conviction. Plea bargaining may come into play at this  point based on what is discussed. Other parties may also be invited to  this preliminary meeting as well at the discretion of the judge.  Deadlines are set in place for the discovery process, serving or filing  motions, plea bargaining, and trial proceedings. There are times when a  judge may schedule another pretrial conference before determining  whether a trial is necessary. Avoiding having to go to trial may or may  not be in your best interest. You want to make sure that your defense  team diligently seeks ways to decrease criminal punishment or discredits  the evidence brought against you altogether. The decision to go to  court should be one based on facts and in accordance with Minnesota law.
Read More: What Is A Pretrial Conference In A Criminal Case?

There is a common misconception that if the complaining party in a criminal case does not want to cooperate with the prosecution or does not want to continue to press charges then the case will be dismissed. In reality, once someone complains to law enforcement, they have no ability to control how the case will proceed through the criminal justice system. Ultimately, it will be up to the County Attorney or City Prosecutor to determine whether a criminal case will proceed. Some complaining parties believe they can stop a prosecution from going forward by refusing to testify. What these people do not understand is that the County Attorneys and City Prosecutors have the ability to compel witness testimony through the subpoena process. If a witness disobeys a subpoena and refuses to testify, they can face serious consequences including fines and jail time. Rather than try to manipulate the outcome of a criminal case by refusing to cooperate or trying to drop charges, one should seek the advice of an experienced criminal defense attorney. By working within the system through an experienced attorney, you will have a greater chance of achieving your goal and having the charges dismissed.

Read more: Can You Drop Charges Against Someone Before Court?