Best Criminal Defense Attorneys in Rochester

FAQs

• What is the non-emergency contact number for the local police station in Rochester, Minnesota?

  Call (507) 328-6800 for non-emergency concerns in Rochester.

• Where can I get a copy of police reports for incidents related to my case in Rochester, Minnesota?

  You may obtain a copy of a Rochester police report by filing a request at the official website of the city’s Public Records Center: https://rochestermn.govqa.us/WEBAPP/_rs/(S(ulxjw0ni4yo2tjtzfqiznp3k))/supporthome.aspx.

• Will you go to jail for a misdemeanor in Rochester?

  It depends. Rochester follows Minnesota’s three classifications for misdemeanors. If you were convicted of a petty misdemeanor, you won’t serve time in jail, but you could pay up to $300 in fines. If you were convicted of a misdemeanor, you could stay up to 90 days in jail, pay a fine of up to $1,000, and get a probation period for up to two years. The most serious type of misdemeanor is a gross misdemeanor, which can result in a jail term of up to one year, a fine of up to $3,000, and a period of probation of up to six years.

• Can juveniles be charged with sex crimes in Rochester?

  Yes, it is possible for juveniles to be charged with sex crimes in Rochester, and if convicted in juvenile court, they could face a potential placement in a juvenile facility, a lengthy sexual predator registration, and required participation in a sex offender treatment program. Moreover, considering the nature of sex crimes, there is always a possibility that the child offender will be tried in the Adult Criminal Court.

• Can the Rochester police force you to take the breathalyzer or give your blood for a DWI test?

  No, the Rochester police cannot force you to take the breathalyzer or give your blood to test you for DWI, unless you are unconscious. Law enforcement officers must respect your request should you refuse to undergo a DWI test. This also applies to the field sobriety test and the portable breathalyzer administered on the road. If you were forced to take any test, your attorney can argue to suppress the results and take the results out of consideration in a probable cause determination.

• Can the police enter your Rochester home for a search without a warrant?

  The Rochester police can only legally enter your home if they have your permission, a warrant, or can prove probable cause. As they usually rely on consent, do not give them permission to enter your house and be firm about it, as any evidence they collect after being given consent to enter your home will be admissible in trial.

• What does expungement do to your criminal record in Rochester?

  Expungement is a legal process where all details of a given arrest and related court proceedings are removed from the publicly available version of your record. Essentially speaking, it hides arrests, charges, and convictions from everyone, including those who wish to run a background check on you. As expungement is not available to all offenders, it would be best to consult a criminal defense attorney to check your eligibility for the process.

• What does a criminal defense lawyer do?

  Criminal defense attorneys provide help to those facing misdemeanor or felony criminal charges. The attorney will research the circumstances surrounding the charge and investigate the case on behalf of the client. This may involve talking to police, interviewing witnesses, determining a plea, and assessing possible sentences. With this information, the defense attorney can negotiate plea deals or navigate a court case on behalf of the client. In some cases, the attorney may get a case dismissed entirely, a reduction in bail or jail time, or probation or community service instead of prison.

• How do I know if I need a criminal attorney?

  Any criminal charge that could result in a prison sentence requires the help of a criminal defense lawyer. This applies to both misdemeanor and felony charges, including:

  Misdemeanors

  • Petty theft
  • Public intoxication
  • Simple assault
  • Disorderly conduct
  • Vandalism
  • Reckless driving

  Felonies

  • Murder
  • Rape
  • Kidnapping
  • Aggravated assault
  • Specific types of fraud
  • Possession of certain types of drugs

• What steps should I take after being charged with a crime?

  The first thing to do after being charged with a crime is to contact a criminal defense attorney. It is best to hire a defense attorney as soon as possible after being released from arrest, and before an arraignment takes place. The attorney will explain charges in detail, and possible consequences, to help you decide whether a plea deal or a jury trial is the best option. Most attorneys offer free consultations to discuss the circumstances of a criminal case and how they're able to assist. Speaking with a number of defense attorneys before hiring one can increase the likelihood of finding the right fit, and getting the best defense possible.

• What if I can’t afford a criminal defense lawyer?

  All Americans are afforded the right to hire an attorney to act as a defense in a legal case. However, not everyone can afford one. If an attorney isn’t in a defendant’s budget, and the defendant’s income meets designated state or local thresholds, the court system will provide a public defender. This attorney usually works on cases pro bono or without any fees paid by the defendant. Many public defenders have a high caseload, which can limit the amount of time they are able to devote to each case. In most situations, hiring a dedicated criminal defense lawyer ensures the best outcome. This is particularly true in more serious felony cases that can result in a significant prison sentence without the involvement of a skilled, experienced defense attorney.

• Why hire a criminal defense attorney?

  Working with a criminal defense attorney is the best way to minimize the ramifications of committing or being accused of a crime. Criminal attorneys thoroughly investigate the circumstances surrounding a case to prove innocence or inspire reasonable doubt in a jury. Criminal defense lawyers also are better prepared to negotiate with the prosecutors. Due to the high cost and logistics involved with taking a case to trial, many prosecutors are willing to reduce sentences in exchange for avoiding a jury trial. An experienced criminal attorney understands what would be a reasonable deal for a specific criminal charge, and will negotiate it on behalf of the defendant.

• Are legal fees for criminal defense tax deductible?

  Whether legal fees from a criminal case can be deducted on a tax return depends on the circumstances. If criminal charges pertain to activities related to a trade or business, attorney fees can be deducted on a business tax return, as they are considered an expense associated with the normal course of business. However, personal legal fees cannot be deducted.