Minnesota Criminal Defense Attorneys

At DearLegal, we connect you with experienced Minnesota criminal defense attorneys who navigate the state’s Sentencing Guidelines grid, the Stay of Adjudication / Stay of Imposition framework, the Cannabis Act of 2023, and the broad expungement statute under Minn. Stat. § 609A. Whether your case is in Hennepin (Minneapolis), Ramsey (St. Paul), Dakota, Anoka, Washington, St. Louis (Duluth), or anywhere across Minnesota’s 87 counties, we’ll match you with the right attorney — at no cost to get started.

No. Politely decline and ask for an attorney. Minnesota State Patrol, BCA, Minneapolis PD, St. Paul PD, and county sheriffs use trained interrogation. Anything you say is admissible. Invoke your Fifth Amendment right to silence and Minn. Const. Art. I, § 7 right against self-incrimination.

Yes. Minnesota misdemeanors carry up to 90 days jail and $1,000 fines; gross misdemeanors up to 364 days and $3,000 fines under Minn. Stat. § 609.02-.03. Stay of Adjudication or Stay of Imposition can result in no conviction or reduced conviction. DV and DWI convictions trigger major collateral consequences.

State cases go through Minnesota District Court. Federal cases go to U.S. District Court for the District of Minnesota (Minneapolis, St. Paul, Duluth, Fergus Falls) under the U.S. Sentencing Guidelines. Federal cases commonly involve I-94/I-35 drug trafficking, § 922(g) firearm cases, federal land/Native land offenses, and white-collar fraud.

Minnesota plea agreements under Minn. R. Crim. P. 15 are negotiated between the County Attorney (felonies) or City Attorney (misdemeanors) and defense. Pleas can include charge reductions, Stay of Adjudication (no conviction entered if probation completed) or Stay of Imposition (felony adjudication but stayed sentence), drug court entry, and stipulated sentence recommendations.

Yes — Minnesota expungement under Minn. Stat. § 609A is one of the broader frameworks. Most misdemeanors expungeable after 2 years; gross misdemeanors after 4; certain felonies after 5. Cannabis Act of 2023 provides automatic expungement of many low-level marijuana convictions. Sex offenses, violent felonies, and certain firearm offenses excluded.

Minnesota handles juveniles under 18 in juvenile court under Minn. Stat. § 260B.001 et seq. Juvenile records are confidential and most are accessible only to limited parties. Expungement and sealing under Minn. Stat. § 260B.198. Certification (waiver) to adult court for juveniles 14+ for serious felonies under § 260B.125; presumptive certification for 16/17 for certain offenses.

Minnesota DWI under Minn. Stat. § 169A.20 uses .08 BAC (.04 commercial, .02 under-21). Implied consent under § 169A.51 — refusal is a separate gross misdemeanor or felony. Mandatory IID for many offenses under § 171.306. Third DWI in 10 years (or any with aggravating factors) is a felony. Aggravating factors include BAC .16+, refusal, child passenger.

Why Do You Need a Criminal Defense Attorney in Minnesota?

Minnesota uses a Sentencing Guidelines grid under Minn. Stat. § 244.09 — felonies are classified by severity level (1-11) and the defendant’s criminal history score (0-6+). The grid produces a presumptive sentence (range or commit/stay). Murder First-Degree under Minn. Stat. § 609.185 carries mandatory life imprisonment (Minnesota abolished the death penalty in 1911). Minnesota has “career offender” enhancement under Minn. Stat. § 609.1095 for repeat felons. Minnesota legalized recreational cannabis effective August 1, 2023 (HF 100, codified as Minn. Stat. § 152.32 et seq.) — adults 21+ can possess up to 2 oz flower in public, 2 lbs at home; medical cannabis legalized in 2014. The Cannabis Act includes automatic expungement of many low-level marijuana convictions. Minnesota’s expungement statute under Minn. Stat. § 609A is one of the broader frameworks — most misdemeanors after 2 years, gross misdemeanors after 4 years, certain felonies after 5 years. Stay of Adjudication (Minn. Stat. § 152.18 for drug; § 609.095 generally) and Stay of Imposition are uniquely valuable in Minnesota — no conviction is entered or it is later deemed a misdemeanor. Minnesota prosecutors plea-bargain extensively.

When Do You Need a Criminal Defense Attorney in Minnesota?

Our network includes Minnesota criminal defense attorneys who handle every kind of case, including:

Types of Criminal Defense Cases in Minnesota

From the moment you connect with a Minnesota criminal defense attorney, they go to work protecting your claim. The most common case types we handle:

Talking to BCA, MSP, Minneapolis PD, St. Paul PD, or any Minnesota officer without an attorney

Consenting to a search of your car, home, or phone

Missing a Minnesota court date — bench warrants and bail forfeiture follow

Posting about the case on social media — Minnesota County Attorneys subpoena platforms

Deleting messages or photos from your phone — Tampering with Evidence (Minn. Stat. § 609.63 subd. 1(7)) is a felony

Accepting the County Attorney’s first plea offer without exploring Stay of Adjudication, Stay of Imposition, drug court, or charge reduction

Talking to BCA, MSP, Minneapolis PD, St. Paul PD, or any Minnesota officer without an attorney

Consenting to a search of your car, home, or phone

Missing a Minnesota court date — bench warrants and bail forfeiture follow

Posting about the case on social media — Minnesota County Attorneys subpoena platforms

Deleting messages or photos from your phone — Tampering with Evidence (Minn. Stat. § 609.63 subd. 1(7)) is a felony

Accepting the County Attorney’s first plea offer without exploring Stay of Adjudication, Stay of Imposition, drug court, or charge reduction

Common Minnesota Criminal Defense Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do Minnesota Criminal Defense Attorneys Cost?

Flat Fee

Most matters are billed as a flat fee per petition or filing — fee depends on case complexity.

Criminal defense attorneys in Minnesota work on hourly or flat-fee retainers — contingency fees are prohibited in criminal cases under Minn. R. Prof. Conduct 1.5(d) and ABA Model Rule 1.5(d). Misdemeanors and most felonies are flat-fee; complex cases use hourly billing. The Minnesota Board of Public Defense oversees state public defender offices that represent indigent defendants statewide.

What Can Your Minnesota Criminal Defense Compensation Include?

Charge Dismissal

Outright dismissal through motion to suppress, motion to dismiss for insufficient probable cause, speedy trial under Minn. R. Crim. P. 11.09 (60-day demand rule), or County Attorney motion to dismiss.

Charge Reduction

Reduction from felony to gross misdemeanor or misdemeanor, from higher severity level to lower, removal of career offender or firearm enhancement allegations.

Stay of Adjudication / Stay of Imposition

Stay of Adjudication (Minn. Stat. § 152.18 for drug; § 609.095 generally) — no conviction entered, dismissal upon successful probation. Stay of Imposition — conviction entered as felony but deemed misdemeanor upon completion. Drug court, mental health court, veterans court available.

Plea Agreement

Negotiated resolution under Minn. R. Crim. P. 15. Includes charge reductions, dismissed counts, recommended sentences within guidelines, and dispositional or durational departure motions.

Trial Acquittal

Not guilty verdict by Minnesota jury or judge. Minnesota criminal juries are 12 for felonies, 6 for misdemeanors and gross misdemeanors, and must be unanimous (Minn. Const. Art. I, § 4).

Post-Conviction Relief

Minnesota post-conviction petition under Minn. Stat. § 590.01 — 2-year filing window from finality. Includes IAC, newly discovered evidence, illegal sentence, constitutional violations. Successor petitions restricted.

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DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

Minnesota Criminal Defense Attorneys

Why Do You Need a Criminal Defense Attorney in Minnesota?

When Do You Need a Criminal Defense Attorney in Minnesota?

Types of Criminal Defense Cases in Minnesota

Common Minnesota Criminal Defense Mistakes

How Much Do Minnesota Criminal Defense Attorneys Cost?

What Can Your Minnesota Criminal Defense Compensation Include?

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