1. What are the two distinct parts of a DUI/DWI case in North Dakota and Minnesota?

A DUI or DWI charge actually consists of two separate proceedings:

The Civil Part: This involves the Department of Transportation (DOT) in North Dakota and MNDVS in Minnesota and their attempt to revoke or suspend your driving privileges.
The Criminal Part: This is the court process that can result in penalties such as a permanent criminal record, fines, court costs, and potential jail time. Our attorneys handle both aspects to ensure your rights and your ability to drive are defended.

2. How does the juvenile justice system differ from standard adult criminal courts?

In North Dakota and Minnesota, the juvenile justice system operates with a fundamentally different philosophy. While the adult system often focuses on punishment for a crime, the juvenile system is primarily designed to rehabilitate the individual. We provide specialized representation to help minors navigate these unique proceedings and focus on long-term outcomes. Juvenile court is generally confidential from the public.

3. Why should I hire an attorney for “simple” drug or property crimes?

While these crimes may sometimes be treated less severely than major felonies, law enforcement and some prosecutors can be very aggressive in these cases. Even a “simple” charge can carry significant penalties and impact your future; therefore, having an experienced lawyer is essential to challenge the prosecution’s tactics.

4. What are the long-term consequences of a felony conviction?

A felony is the most serious level of criminal charge. Beyond immediate penalties like fines or incarceration, a felony conviction creates a permanent record that stays with you for life. This can permanently impact your family life, your financial stability, voting rights, gun rights, difficulty securing housing, and your future employment opportunities, making an aggressive defense critical.

5. Can your firm assist if a protection order has been filed against me?

Yes. A protection or restraining order can severely disrupt your daily life and personal reputation. Our criminal defense team can represent you in these matters to help mitigate the disruption. Conversely, if you or your family are in danger and need to file a protection order for your own safety, we can assist in establishing that legal distance.

6. How long does a criminal case take?

The complexity of a case will affect how long it takes. A simple misdemeanor might be resolved within a few weeks to two to three months, while a felony case might last for several months or a year. If the prosecution makes a reasonable plea deal early in the process, the case will end much sooner than if it goes to trial.

7. If I actually committed a crime, is it necessary to get a lawyer?

Absolutely. Many times, when a person is charged with a crime, they don’t think about the collateral consequences – the things that might happen to them besides what goes on in the courtroom. For example, there could be issues with your driver’s license, your gun rights, and your insurance rates. Hiring an experienced defense attorney will help you better understand your rights and potential consequences BEFORE pleading guilty to a charge.

8.  What should I do if I am arrested?

Try to remain calm. Don’t argue with the officers. Do not answer questions beyond basic identifying information. Request the opportunity to speak with an attorney.  Contact an experienced criminal defense attorney as soon as possible. Do not talk about the facts of the situation except with your attorney.

9. How much does it cost to hire your firm?

Fees depend on the seriousness and complexity of the case. The first step needs to be a conversation with our attorneys, then we can likely provide you with a cost estimate.

10. Is it better to accept a plea agreement or go to trial?

This depends on the specifics of your case. In some instances, your attorney may be able to negotiate a plea deal to reduce charges or sentencing. On the other hand, if your attorney feels you have a strong defense, it may be worth going to trial. Working with an experienced criminal defense attorney is important for understanding your legal rights and options.

11. Do I need to hire an attorney if I am innocent?

Hiring an attorney will definitely help you in many ways. An experienced criminal defense attorney will help protect your rights and make certain you are represented properly. How you communicate with prosecutors can make all the difference in the outcome of the case.