Cost of Hiring a Minnesota Criminal Defense Attorney

Often times I get calls from clients that have been charged with a Minnesota DWI or other criminal offense, and the first question they ask is, “What do you charge?” That is not the first question that should be asked of an attorney. When you need a criminal defense attorney to be aggressive and fight your defense, what you need to know is what your attorney will do for you.

When you hire an attorney that will charge a flat fee based on the amount of work necessary to defend you in a Minnesota court, the cheapest attorney is usually not the best. It would be a serious mistake to hire an attorney based on the amount of the fee alone.

The State of Minnesota and the county prosecutors have almost unlimited resources when it comes to prosecuting and proving the charges against you. You need to hire an attorney and pay a fee which will allow him to put time and effort into your case and aggressively defend you. If you hire your attorney based on the lowest fee, that criminal defense attorney may be planning to have you accept a plea, rather than defending you on the charges. He also may not have the right experience with Minnesota Criminal Laws.

As an example, I recently spoke with a client who was charged with DWI and possession of ecstasy pills in Carver County, Minnesota. He had been referred to me from another client I previously represented. The City of Chaska police had made a traffic stop, made an arrest, then searched the car. As I spoke with the client, I knew there were several issues that would require a contested evidentiary hearing, and that we would successfully be able to keep some of the evidence out of trial. I quoted a reasonable flat fee based on the amount of time that I knew I would have to invest in defending this client, and

I later learned that he had hired an attorney that quoted a lower fee, and that attorney had the client plea to a charge that was very defendable.

When you hire a Minnesota criminal defense attorney, don’t always hire the one with the lowest fee. You want personal attention, and aggressive representation from an experienced attorney. That attorney should also charge you a reasonable fee based on your specific case, not necessarily the same fee for the same criminal charge. Have the attorney you talk to explain possible issues, and the basis for his fee.

I am willing to provide you an initial consultation for free, and I will be able to assess your case and tell you how much a reasonable fee would cost. Call me if you have questions concerning the criminal charges against you.

-John Scott
651-203-5990

Implied Consent in the Minnesota DUI defense

In every Minnesota DWI charge where the BAC is over .08, there is also an Implied Consent proceeding as well. So what is Implied Consent? Simplistically, Implied Consent means that every person in a Minnesota DUI arrest will consent to the State measuring BAC. As a result, part of the Minnesota DWI arrest is the police officer reading to the accused, and completing, an Implied Consent form. The most important parts of the Implied Consent form are the officer advising you that you are under arrest, that refusal to take the test is a crime, and that you have the right to speak with an attorney. The officer will also ask you if you wish to speak with a DUI attorney.

 

The result of the Implied Consent is that once the officers obtain a BAC test that shows your BAC is over 0.08, your driving privileges will be suspended for a minimum of 90 days. Prior DWI charges and aggravating factors (like high BAC levels) will make those suspensions longer. Refusing to take the test will not help out either, as it is a separate more serious charge. To read my prior article about refusing to take the test, click here: https://criminaldefensemn.wordpress.com/2008/04/02/no-breath-test-no-duidwi-is-not-true/  

 

If the officer has a test that shows your BAC over 0.08, he will give you a Notice of Suspension. If you do a blood or urine test, the Notice of Suspension will be mailed from the Minnesota DPS to the address on your license. In order to challenge the suspension of your drivers license, you need to file a Petition with the Court, within 30 days of the notice of suspension of your license. If you do not do so within that time limit, you forever lose the right to challenge the suspension. It is important that you talk with a criminal defense attorney as soon as possible after the DUI arrest.

 

If you have questions concerning your suspended license or a Minnesota Implied Consent, of Minnesota DUI, please call for a Free Consultation.

 

–John Scott, 612-840-8961.