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The DWI Process – How I Help

I treat each and every case and individual as unique. I get to know each of my client’s lives so that I can present you in court as an individual.
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How I Can Help You Through The DWI Process in Minnesota

I treat each and every case and individual as unique. I get to know each of my clients’ lives so that I can present you in court as an individual with a job, a family, and a member of the community. Your individual situation can help play a part in how your case turns out.

Every DWI is different based on the nature of the charges being brought against you. The charges will depend largely on what your blood alcohol level (BAC) was at the time the police measured it at the police station. The BAC largely determines how your case will be filed and the severity level of the charges going through the court system.

If you are in custody after a stop, Woodbury DWI Lawyer will work tirelessly to get you out of jail as soon as possible. It is important for you to be able to get back to your normal, daily life as quickly as you can.

Your First DWI Court Appearance

Soon, you’ll be assigned a date for your first court appearance. Generally, you will have to appear at least twice—and possibly as many as five or more times—in court. The number of appearances will depend on a few different factors in your case including the presence of “aggravating factors.

Aggravating factors are above and beyond the basic act of driving under the influence of alcohol. Essentially, a DWI can be a higher-level violation if any of the following facts are present in your situation:

  • Twice the Limit BAC: A .16 test result and above will trigger enhanced charges, even on a first-time DWI arrest.
  • Presence of a child: If there is a child in the car or the child is not properly or safely restrained the charges may be enhanced.
  • Refusal to take the test or tampering with the machine: Refusing to consent to BAC testing, failing to properly take the test by breathing improperly for example, or trying to break the testing machine will all be a reason for the prosecutor to seek additional charges against you.

Keeping Your Driver’s License

I am focused on meeting your needs and listening carefully to you. I want to determine what the best strategy is for you, not only from a criminal-case standpoint but also from a licensing standpoint. 

Losing your driver’s license near Woodbury St-Paul, MN area is what is the most problematic for a first-time offender. You won’t be able to drive to work, take care of personal errands, or shuttle your children to and from school and activities.

While the DWI case proceeds and the court schedules your appearances, the State can revoke your driver’s license. The State has the automatic right to do this under the law.

You also have the right under the law to challenge the State and try to keep some or all of your driving privileges. However, the timing of when this happens is very important.

You must challenge the State’s attempt to revoke your license within a specified, short period of time after your arrest. If you challenge the license revocation, you are entitled to a hearing.

The hearing can be scheduled anywhere from 60 days out until after the criminal case is resolved.

Certain counties, like Hennepin and Ramsey, may allow you to reinstate your license while the criminal case is still pending.

They and others will also consider limited licenses that allow you to drive to and from work or installing an ignition interlock device on your car that allows it to be monitored remotely.

If you do not follow the proper procedure or file your challenge on time, you will lose the right to challenge it.

You will lose your driver’s license for as long as the law requires. In order to challenge the revocation, it is important to consult with me as soon as possible.

Gathering Evidence and Information Going Forward

Finally, I will gather and review all of the evidence that the State has collected, including the actions of the police at the time they stopped you.

An important part of every single case in my office is to review the police officer’s records.

I never assume that the police do everything correctly. Generally, most officers are professional, do their jobs well, and conduct themselves in an appropriate manner.

But sometimes the police make mistakes or fail to follow proper procedures.

I need to dissect all the evidence very carefully. One simple fact or piece of evidence or a complex legal issue could lead to the judge dismissing the charges.

There may be evidence that would support taking your case to trial. If we take your case to trial, the State must prove beyond a reasonable doubt that you are guilty of the charges.

My successful philosophy is to put forward your best DWI defense and prepare your case with all potential possibilities in mind.

You Are Entitled to a Strong Defense

You are not a criminal. You have unintentionally ended up in a challenging situation based on one mistake.

I want to get to know you so I can present you in a positive light. We will humanize the charges and present them in the context of your very-real life—and how a conviction will affect you and your family.

This allows us to zealously advocate for you and obtain positive results in most situations.

I have many years of experience fighting DWI charges against people just like you.

My practice is solely in criminal defense so I don’t divide my time and knowledge between more than one practice area.

My passion is helping people navigate through this difficult time and to give them the hope they need in what feels like a hopeless situation.

Do not go through the process alone when facing DWI charges. Please contact us at JS Defense Woodbury, MN DWI Lawyer 651-504-2564 to arrange a free confidential consultation about your case and learn how I can help you.

Frequently Asked Questions

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?

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Aggressive, Personalized defense

At JS Defense: Minnesota Criminal Defense Lawyer, you are not just one of the many. We pride ourselves on our availability for our clients. Our firm is regionally and nationally recognized in the legal community as delivering an aggressive defense for each and every client, no matter how serious the case. If it matters to you, it matters to us!

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