NEFF LAW FIRM, P.A.

West Metro: One Corporate Office Plaza, Suite 390 ♦ 7400 Metro Boulevard ♦ Edina, Minnesota 55439
East Metro: Rosewood Office Plaza, Suite 340N ♦ 1711 West County Road B ♦ Roseville, Minnesota 55113
Central Scheduling Telephone: 952-831-6555
Facsimile: 952-831-2711
email us at info@neff-law-firm-pa.com

Criminal Law FAQ

What is a misdemeanor?

In Minnesota a misdemeanor is a criminal offense that is less than a felony. It generally carries with it a fine of up to $1,000.00 and/or jail sentence of up to 90 days.

What is a gross misdemeanor?

In Minnesota a gross misdemeanor is a criminal offense that is less than a felony, but may carry a greater fine and/or jail sentence than a misemeanor. In general the maximum sentence for a gross misdemeanor is a fine of up to $3,000.00 and/or up to one year in jail.

What is a felony?

In Minnesota a felony is a serious offense than generally carries a fine of greater than $3,000.00 and/or period of imprisonment of greater than one year.

Can a policeman stop me for no reason?

A law enforcement officer should have a reason to suspect a person is about to commit or has committed a crime before stopping that person.

Can the police stop my car anytime without a reason?

A law enforcement officer should have a reasonable basis before stopping a car. A reasonable basis may include observing questionable driving, mechanical problems with the car, observing that the car does not meet legal requirements, or knowing that a crime or traffic offense has taken place.

Can the police make a misdemeanor arrest of a person without a warrant?

In Minnesota a misdemeanor arrest without a warrant can be made if the arresting person witnesses the commission or attempted commission of the offense.

When can the police do a search without a warrant?

Generally the police must have special circumstances to have a right to do a search without a warrant. The special circumstances may include:

When someone consents to be searched.
When the police impound personal property such as an automobile they may make an inventory search.
In an emergency situation the police may make a search where there is probable cause to believe that the police will find evidence of a crime that could be transported, concealed or ruined before a warrant can be obtained.
Motor vehicle searches may be permissible whete the police have probable cause to believe that the vehicle contains evidence of a crime that could be taken somewhere else before a warrant can be obtained.
The poice, while doing a lawful search pursuant to a warrant, see in plain view other evidence of a crime not specifically mentioned in the warrant.
Where the police have a reasonable basis to make a stop and believe he or she is in danger a frisk for a concealed weapon may be acceptable.
In the process of making an arrest the police may search the immediate area of the suspect for evidence of the commission of a crime or weapons.

Do I have the right to have a lawyer represent me after being charged with committing a crime?

Yes, a person charged with a crime has the right to the assistance of a lawyer

What is the Mirranda Warning that police may give to a person?

The Mirranda Warning a law enforcement officer gives is that a suspect:

Has a right to remain silent
Anything he says can and will be used against him in a court of law
He has a right to have an attorney present before any questioning
If he cannot afford an attorney, one will be appointed for him by the court before questioning

After a person is arrested what are his or her rights?

Once a person is arrested his or her rights generally include:

The rights set forth in the Mirranda warning including to remain silent and not incriminate himself or herself.
Have a hearing before a judge in a reasonably expeditious manner
Receive notification of the criminal charges being made against him or her
Get a fair and impartial trial by a jury
Generally be presented with the opportunity to be present at all stages of the trial.
Have a chance to confront people who are accusing the arrested person of wrong doing
Have a chance to cross-examine the witnessess
Call witnesses on behalf of the accused
The right to testify on your own behalf, or if you so choose, the right to remain silent with no adverse inference taken against you for doing so
Forced to be tried only once for the same crime
If a person is found guilty of a crime that person should not receive cruel nor unusual punishment

What is a DWI charge in Minnesota?

A DWI charge in Minnesota may be a misdemeanor when it is based on operating or being in physical control of a motor vehicle while under the influence of alchohol, a controlled substance such as a narcotic drug, prescription medication if it interferes with your ability to drive or any combination of the foregoing. In Minnesota, a DWI is an enhanceable offense, which means that if you are found guilty at trial or plead guilty to a DWI, future DWI offenses will be charged as a gross misdemeanor or even a felony offense if you have a prior DWI conviction (or convictions) within the statutorily designated periods of time. A DWI may also be charged as a gross misdemeanor if the amount of alcohol in your system exceeds a statutorily designated level over and above the .08 limit.

What is implied consent?

In Minnesota any person who drives, operates or is in physical control of a motor vehcile in the state of Minnesota is deemed to have given consent to allow chemical testing of his or her breath, blood or urine.