1. You have a right to talk to an attorney EARLY.
You do not have to say anything to police, private investigators or anyone else about a possible criminal charge. Often an accused person thinks he or she can get the authorities to “forget” about a case if the accused person simply “explains” a few things about the case. Wrong. In nine cases out of ten, the explanation just gets the accused in deeper and now the police have what they consider to be a confession to a crime. Police often use what sounds fair-minded: “We just want to get your side of the story.” Often that’s a red flag that should make a person talk less, not more. Just remember those three little words: “Call my lawyer.”

2. Police do not have to “Read You Your Rights” if you have not been arrested.
Most people are acquainted with the so-called “Miranda Warning” (“You have the right to remain silent; anything you say may be used against you; you have the right to any attorney, etc.”) It is a common misconception that the police must read you the Miranda Warning if they want to use in court the confession that they obtain from you. Not so. If you are not in custody or have been arrested, the police can get all the incriminating admissions from the person and later arrest him based on those admissions.

3. If you have been given the Miranda Warning, you are in trouble.
Police do not like to go through the Miranda procedure because it is inconvenient and if they make a mistake on it, it can cost them the case. So they like to get whatever information they can without giving Miranda. The policeman’s decision not to give it may be perfectly legal. However, once the cop does go to the trouble to give it, that person should realize that he or she is a major suspect. It is serious business. It is not the time for idle chatter or careless statements by the person being warned. He or she should talk to an attorney before proceeding with his confession.

4. Police do not always need a search warrant.
The Fourth Amendment of the U.S. Constitution protects citizens against excessive intrusion by police into his or her home or personal possessions. The presumption is that a written Warrant is often necessary. This requires the policeman to prepare an affidavit and proposed warrant and present it to a judge for his or her approval as to whether there is “probable cause” for the search. This may be inconvenient for a law enforcement officer. There are certain exceptions to the warrant requirement including emergency circumstances or limited “stop and frisk” conditions. If the matter goes to court, the officer must show that the search without consent was legally justified. The other major exception to the warrant requirement is when there has been “consent to the search” by the person in charge of the house or other item to be searched. Since the person (or the law enforcement officer) may not know what is being looked for or whether there is reason to do so, the person should generally talk to an attorney before consenting to a police search.

5. You have probably violated some law today.
Studies have shown that the number of things that have been declared as criminal acts by the legislatures and Congress have increased definitions of crimes by over 30% over the past twenty years. You have probably heard the old rule “Everyone is presumed to know the law.” That means you are accountable for a violation of any of the thousands of laws in this state and country whether or not you have heard about them. When a policeman interrogates you, he has a checklist of the elements of the law for which he is looking for evidence. He has you at a distinct disadvantage. You may not have heard of the law or the things that may be enough for a violation of it. This is not a time for guessing or for arguing about what the law ought to be. You can even up the odds by talking to an attorney.

6. The criminal penalties may be minor as compared with other consequences of a conviction.
Many criminal convictions may carry what seem like light fines with little or no jail time. This may seem like a quick way to “get it over with”. However, many criminal convictions also involve “collateral consequences” such as seizure of a person’s automobile or other possessions, deportation, restitution to the government, loss of licenses, public registration as a criminal, rehabilitation programs or other things. The person pleading guilty may be willing to accept these consequences. However, he or she should be aware of them before entering a guilty plea that can cause these results. For that the person accused should consult with an attorney.

7. Sentencing conditions are often the most important reasons for hiring an attorney.
Television teaches us that a criminal attorney’s main work is getting his or her client found innocent at trial. Not so. 95% of criminal cases are resolved without a trial and in the vast majority of criminal cases, the defendant is guilty of some crime (although it may not be the one of which the government has accused him.) The real challenge in most cases is for the defense attorney to put together terms and conditions of the sentence that the client can live with. Two people can be accused of the same crime and they can be treated very differently. One defendant may get house arrest (“electronic home monitoring” or “EHM”) while the other may get “straight time” in the county jail. One may get a lot of additional time of a previous sentence revoked while another one does not. One person may suffer significant “collateral consequences” and the other does not. Often times, the difference has to do with the defendant’s choice of his or her lawyer.

8. “90 days in jail” does not mean being locked up for three months.
Under Minnesota law, everyone of reasonable behavior while in jail is entitled to “good time” which reduces his or her confinement by one third. Many counties provide a “sentence to serve” (“STS”) alternative whereby an inmate can labor on a work crew and reduce the remaining confinement time by half. Most inmates who have jobs may be entitled to “Huber Law” or “work release”. The sheriff or the sentencing judge may “furlough” an inmate for family emergencies, certain holidays, chemical dependency treatment or other things.

9. Victims of crime have input into sentencing of defendants.
For certain crimes against persons, the victim may request that the judge to accept or reject a proposed sentence or the conditions of probation. The prosecuting attorney must inform the victim of the proposed settlement. Many negotiated settlements have been objected to by victims and disallowed by the judge. Again a skilled defense attorney can work with his client, the court, prosecution, and victim to try to arrive at a satisfactory conclusion to the case.

10. Lawyers cost money. That’s reality.
A person accused of crime can hire a lawyer fresh out of law school for a rather small amount but the client may not be happy with the result at the end of his or her case. As the previous paragraphs show, the defendant may have a great deal at stake for his or her life. Hiring an experienced criminal defense attorney is often an important investment in the person’s future.
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Peterson Law Office is located at 3601 Minnesota Drive, Suite 800, Bloomington, MN 55435. Our local telephone number is (952) 921-5818. Our toll-free telephone number is 1-888-910-5297. Our fax phone number is (952) 831-2550. [Contact Us]

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