If I am innocent, do I need a criminal defense lawyer?

Are you being falsely accused of a crime or charged with it? You are not the only one. You may think that cooperating with police is a good idea. You may think that if you don’t commit the crime you won’t need a criminal defense attorney.

This could be used by your family or loved ones to justify not paying for a lawyer.

You need a lawyer even if your innocence is not proven. You cannot have the court use your silence or your request to an attorney against yourself.

When your future is in jeopardy, it is a smart move to hire an experienced and knowledgeable lawyer. To learn more, contact Ambrose Law for a free consultation.

How a Minneapolis Criminal Defense Lawyer can Help

Criminal justice is a complex system with a lot of unfamiliar terminology, policies, procedures, and rules. Many people who are facing criminal charges make the fatal mistake of thinking that they will not be sentenced if they don’t have the crime.

    They don’t realize the innocent people who are kept in American prisons.    

You can rely on a dedicated lawyer to help you defend your case. A criminal defense lawyer can offer many benefits:

•  Your attorney will have extensive experience in courtrooms
•  Your attorney will be familiarized with pre-trial motions, jury selection and other matters.
•  Your attorney will have developed working relationships with local judges.

An lawyer on your team will be familiar with the criminal justice system from both sides and will have spent hours working on each side of “the fight.” Our team of lawyers can quickly assess your case and determine your defenses. Effective strategic planning is possible by understanding how similar cases are resolved.

Do not speak to detectives, investigators or police if you are facing criminal charges. For more information about your rights and options, contact our Minneapolis criminal defense attorneys.

A crime is serious if you are charged with it

A criminal conviction could result in fines or jail time. Even if these are over, your criminal record could still have collateral consequences that can impact your life.

•  Background checks: Although a misdemeanor does not necessarily mean that you cannot work again, it will require you to explain the situation to potential employers.
•  Minnesota licensing boards and agencies may notify professional license holders who are convicted of a criminal offense. An experienced Minnesota criminal defense attorney will help you to keep your occupational licenses and minimize the negative impact of a conviction.
•  Future legal proceedings: Your criminal record could be used against you in future legal proceedings, such as divorce, child custody, or business disputes.
•  Relationships: Both romantic and platonic criminal records can cause problems in relationships. If you don’t disclose your criminal record early, it can cause embarrassment and even lead to questions. Your criminal record could be considered if you are interested in adopting children from someone who has children. Criminal records can lead to gossip, suspicion, hurt feelings, and a host of other negative emotions in friendships and acquaintances.

Ambrose Law has many years of experience in criminal cases. We have dealt with everything from misdemeanors and felonies. We know what’s at stake and what you are up against. If you believe you are innocent, contact us to learn how we can assist you.

MYTH: Refusing to interview or requesting an attorney implies guilt

You cannot deny being a suspect if you are considered a suspect by the police. It will be impossible to remove yourself from the police’s list of suspects or clear up any confusion. Remember the police’s role as a witness in your case.

Officers cannot reach plea agreements.They don’t believe you are innocent unless you are proven guilty.

   Less information means less ammunition for the police.    

Your conversation with law enforcement is the best time to assert your right to a legal representative. You have more power the less you speak.

TRUTH: Your attorney is the best way to reveal the truth

You are immediately up against an agency that is funded by many people. Even if your innocence is proven, the police will not decide whether you are charged. The prosecutor will decide.

Police officers are trained in gathering evidence, while prosecutors are taught how to bring about convictions Your innocence and cooperation are not enough to defeat the coercive strategies of law enforcement and the prosecutor. An experienced lawyer can represent your defense in court if you are innocent.

A reputable Minneapolis criminal defense attorney is your best bet for winning your case.

Police Interrogations are not for the truth

The real-life interrogations of police officers are different from what you see in movies and TV. Although police may claim that they want you to be cleared as a suspect in an interrogation, this is not true.

Police are searching for evidence.In their pursuit of evidence, they are allowed to lie to suspects about many facts. They may claim that someone has confessed to a crime together with you or say that they have video surveillance which implicates you. These deceptive tactics, while controversial, are legal.

  Police officers are taught how to establish rapport with suspects and make them feel at ease.    

In an interview you might be asked questions about:

•  Your actions in the days preceding the crime
•  Your education, your background, and your finances
•  Your version of events, or what you believe occurred
•  The victim/victim
•  Your beliefs and opinions
•  Other relevant circumstances that may have occurred.

Miranda warnings allow you to stop questioning at any time.  However, many people don’t want to stop questioning.  Instead of talking to police for hours and giving them pages of transcripts that could be used against them, they continue questioning. Remember that you have the right to consult a lawyer and are not required to answer police questions. Only a judge can make you answer a question.

You can’t avoid being interrogated and giving police evidence against you. Contact a Minneapolis criminal defense attorney to prevent you from falling into these traps.

Get a free case evaluation from our Minneapolis Criminal Defense Lawyers

Ambrose Law can help you protect your legal rights by scheduling a free consultation. You can also call or go online for a consultation.

Benefits of having a professional criminal defense lawyer in Minneapolis

You will feel more scared and uncertain if you face the law on your own. It is best to get a criminal defense attorney who will help you navigate the process and protect your rights.

In times of trouble, a criminal defense attorney is your best friend. It takes concentration and extensive research to handle criminal law cases. It is important to have someone capable of handling the case, but also someone who is willing and able to put in the effort.

These are just a few of the many benefits that you’ll get from a Minneapolis criminal defense lawyer.

Knowledge of Criminal Justice System

The difference between the best and the worst attorneys is their knowledge of criminal justice. It is not possible for every attorney to have the same knowledge as others about each state and judge. Therefore, it is important to hire an attorney who is knowledgeable.

Protect your rights with proper protection

A professional criminal defense attorney is necessary to protect your rights and ensure that you are not being railroaded or pressured by the prosecution. An experienced attorney can help you prepare for the courtroom and let you know what to expect. A good attorney can help you decide whether to accept a plea deal or ask for a jury trial.

Handling of case paperwork

For those with no experience, paperwork can be a headache. An experienced criminal defense attorney will help you complete the forms correctly and assist with filling them out. Attending many court hearings will require you to keep track and organize all your paperwork.

Personal Attention

A professional criminal defense lawyer will give you the care and attention you deserve. They will do extensive research and answer all your questions. A criminal defense lawyer will get to know you and your case, which will make it easier for them.

Your Future Protection

It is not everyone’s goal to serve a sentence in prison. A criminal defense lawyer can assist you in the legal proceedings and protect your rights. If you have someone to negotiate for you, the prosecutor is more likely to offer you a favorable sentence.

Effective presentation

A professional criminal defense attorney will take care of the appearance of your case. A criminal lawyer can help you put your best foot forward, and ensure that your case is handled in court.

Assurance of Confidentiality

It can be extremely stressful to feel that everyone knows everything about your life. A criminal defense lawyer that isn’t able to protect your privacy is the last thing you want. A reputable attorney will protect your privacy and help you feel more comfortable in the situation.

Total Commitment

A criminal defense lawyer will give you the attention and dedication you deserve. The best person will be handling your case, preparing everything for trial or negotiating with authorities on your behalf.

Legal Advice

An experienced criminal defense attorney can help you understand what to expect in court and how you can prepare. You will also receive legal advice about your case so you are as prepared as you can for the future.

Peace of mind

An experienced criminal defense attorney will ensure there is no bias in your case. With the knowledge that your rights have not been violated, you can rest assured.

Last Thought

A criminal defense lawyer is the best way for you to be well represented in court. They will do everything possible to prepare your case and give you the best defense possible. Do not be afraid of the legal process. Contact Ambrose Law to learn more.

Why Should I Hire a Criminal Defense Lawyer in Minneapolis?

A criminal defense lawyer should not be hired only by those who have been charged or convicted of a crime.An experienced, dedicated defense lawyer can help protect your rights if a crime has been committed. However, there are many other situations where you might want to hire a lawyer.

Here are some examples of how defense attorneys in Minneapolis can help you navigate difficult situations.

 A crime has been committed  

This is the most obvious reason people think of when they consider hiring a criminal defense lawyer.It’s a good thing.You can have your defense lawyer help you with minor offenses like cyberstalking and retail theft, as well as more serious charges like sexual assault or manslaughter.The legal system can be complicated, and it doesn’t matter what charges you are facing. Without the guidance and support of an experienced criminal defense attorney, things could get worse.

 Your child is having trouble with the law  

The juvenile legal system works differently from the adult system. Minnesota’s juvenile courts have many rules and quirks that can make it difficult to navigate without an experienced defense attorney.

 You are being questioned by federal or police investigators  

The police might try to convince you to give a statement, similar to what you saw on TV or in movies.They may attempt to convince you to talk if they suspect that you are guilty of a crime, but they don’t have sufficient evidence to arrest.While being questioned, you have the right to have a criminal defense attorney present.

 You have received a search warrant for your home

A warrant means that a judge has probable cause to believe there is evidence of a crime at your house.You should speak with an experienced defense attorney to discuss what happened.

Your property is seized 

Minnesota law allows law enforcement to seize property at traffic stops or other instances, often without any hard evidence or legitimate reasons.It can be difficult to get your stuff back if you have your property seized during a traffic stop.A defense lawyer can help you to get your property back.

You are wrongly accused of a crime  

When law enforcement, a judge, or a prosecutor believes you have committed a crime that you didn’t, it can be extremely difficult to prove your innocence–especially if you have been in trouble in the past.Your rights shouldn’t be overlooked just because you have made mistakes in the past.A defense lawyer will help you to defend your innocence and give you the best chance of being exonerated.

 To expunge your criminal record  

There are many ways to get rid of criminal records from your past.Even if you are not convicted in court, criminal charges or accusations can still tarnish your record and your reputation.If you are eligible for expungement, a skilled criminal defense lawyer will help you navigate the complex process.While it won’t always go smoothly, a criminal defense attorney can help you have a better chance of success.

 To appeal a sentence  

No matter if your sentence is for a minor offense or a serious crime, it’s possible to appeal the sentence. A criminal defense lawyer can help to determine if there are legal avenues to appeal and reduce your sentence.

Ambrose Law is available to help you if you have a case and would like to discuss your options.

What is a PBT (Preliminary Breath Test) in DWI Cases?

A PBT stands for Preliminary Breath Test in DWI cases. Some people call it a portable breath test. Minnesota statutes refer to it as a preliminary screening test. However you slice it, it means the same thing. It is a handheld device that cops use as part of their field sobriety testing in DWIs. In Minnesota, the officer must have sufficient cause to use a PBT during field sobriety testing. Meaning, they cannot just jump to it right away without any just cause.

In State v. Juncewski, the Minnesota Supreme Court reasoned that reasonable articulable suspicion of a DWI is needed to request a PBT. PBTs are the only field sobriety tests where the legislature states a specific standard for invoking the test. The legislature seemed to recognize that requesting a PBT is more intrusive than other field sobriety tests, such as the one-leg-stand test, the walk-and-turn test, and the horizontal gaze nystagmus (HGN) test. Often, officers will ask someone to take a PBT after they put the driver through the other field sobriety tests. Thus, building reasonable articulable suspicion to get to the PBT.

Importantly, the PBT is not a test that prosecutors can use to charge someone with a DWI in court. That is the evidentiary test taken at the police station or local jail in breath test cases. Evidentiary urine tests are rarely requested in DWI cases anymore, but when they are, they can take those at the police department. For evidentiary blood test cases, those are sometimes administered at a hospital. In urine and blood test cases, officers will seek a warrant first.

In breath test cases, after an officer asks someone to take a PBT, depending on the results of the test, the cop will arrest the driver on suspicion of DWI. The officer will then ask the driver to take a second breath test at the police department or local jail. Drivers can often be confused about the second request for a breath test and not understand why they are being asked to take another one. The crucial point is that the test at the station is the evidentiary test. That is the one that prosecutors can use to charge someone with testing .08 or more.

Results from a PBT are only admissible in court in limited circumstances. One circumstance is in DWI Refusal cases. In those matters, the prosecutor can submit evidence of the PBT result to build probable cause for the arrest of DWI and the request to take an evidentiary test. In pre-trial litigation, the prosecution may also use the results of the PBT if your attorney challenges probable cause for arrest. But, if you end up in a criminal trial by judge or jury, then your defense lawyer should be making sure that the results of the PBT are not admitted as evidence in a DWI trial for testing .08 or more. A main issue is that PBTs are not scientifically reliable tests. While officers may have them calibrated and up to speed on servicing, the science behind them are not good enough to support charges in court for testing at or above the legal limit.

PBTs are also often used in minor consumption cases, underage drink and drive matters, and juvenile court proceedings. The tests can also be used in some civil actions and license reinstatement matters. In underage drink and drive cases, the prosecution will argue that any positive result on a PBT violates the law. The penalties can include a license suspension for thirty days on a first-time offense and one hundred and eighty days for a second offense.

What is the One-Leg Stand Test?

The One-Leg Stand Test is a field sobriety test used by officers during an investigation for suspicion of driving while impaired (DWI) or driving under the influence (DUI). If you are pulled over, and an officer asks you to step out of the vehicle, they may put you through field sobriety testing. These commonly include the Horizontal Gaze Nystagmus (HGN) Test, Walk-and-Turn Test, and One-Leg Stand Test. Depending on the results of those, which the officer almost always says you failed, they will likely ask you to submit to a preliminary breath test (PBT) as the final field sobriety test before determining whether to arrest you on suspicion of DWI. In cases where the officer suspects a person of driving under the influence of drugs, they will often do the HGN, possibly the other coordination tests, but they will also often conduct other testing for drug recognition, such as taking a person’s pulse.

In the One-Leg Stand Test, before the test begins, the police officer should ask the driver before if they have any problems affecting their balance. This would be the time to tell the officer about your old knee injury from high school football that makes it hard to balance. If the officer decides to move forward with testing, they will then tell the driver to raise one leg off the ground about six inches, hold their arms at their side, and count one-one-thousand, two-one-thousand, and so forth until the officer tells them to stop.

Officers are trained to look for different “clues” during this test. Those are: swaying, using arms for balance, putting their foot down or hopping, etc. The officer only needs to witness two clues for them to consider the driver to have failed the test.

For the most reliable (if that is even possible) one-leg stand test, it should be done on a level, flat, reasonably dry, and non-slippery surface. Certain factors can affect the results of the test. If the person is sixty-five years old or older, they are more than fifty pounds overweight, they have balance issues, leg, back, knee, or foot problems. Also, the footwear of the driver can affect the test. If a person is wearing a heel over two inches or higher, flip-flops, or platform shoes the officer should give the driver the opportunity to perform the test barefoot rather than in their footwear. External factors, such as the wind, rain, snow, and cars passing by also affect the performance of the test.

While officers may show a driver how the test should be completed, they often do not tell the drivers the secret of the test. Officers will often lean back while they hold their leg in the air during the one-leg stand test. This allows them to keep their balance more easily than if they are standing straight up. However, they do not tell drivers this little secret, which results commonly in the driver trying to complete the test while standing straight up, which makes it more difficult to complete.

The one-leg stand test is one of the common field sobriety tests used by MN law enforcement officers. Often, we recommend a person should refuse to take the coordination tests, such as the one-leg stand test and walk-and-turn test. We also recommend refusing to participate in the HGN test. These tests are often skewed in the favor of law enforcement, which will give the prosecution more arguments to make against you in your case. If you think you are close to the legal limit, then you can ask the officer to take the PBT. If that PBT gives a reading well under .08, then the officer may allow you to drive away or have a person who is completely sober come pick you up. The most important test to consider whether you should refuse or not is the evidentiary breath, blood, or urine test which is often conducted at the police department, jail, or hospital. Before deciding to take an evidentiary breath test, the officer should give you an opportunity to consult with a Minneapolis DWI lawyer. Take that opportunity. We, and many other respected firms, offer consultations at no charge.

What Happens if I Refuse To Take a Breath, Blood, or Urine Test?

When arresting someone for DWI in Minnesota, the entire process can be overwhelming and confusing. Almost always, the person is asked a number of questions, requested to perform field sobriety tests, requested to submit to a PBT, arrested, transported to a police station, and then (presumably) read their rights before being asked to take a chemical test once more.

It is not uncommon for a person to refuse a formal demand for a breath, urine, or blood test because they are so overwhelmed, confused, or otherwise. When this occurs, the individual may face more severe criminal and collateral consequences as a result of refusing a DWI test.

The Minnesota Implied Consent Statute

All drivers and operators of motor vehicles are presumed to have given their consent to chemical testing under Minnesota law. This means that if a police officer has reasonable suspicion that you have been drinking and driving, he or she can require you to submit to a blood, breath, or urine test. Note that a preliminary breath test (PBT) is distinct from the more stringent DATAMASTER breath test. You may refuse the PBT, but refusing the DATAMASTER is illegal.

You can be charged with a gross misdemeanor if you refuse to submit to the necessary blood, breath, or urine tests. You have the right to consult with an attorney before taking any test. Utilize this privilege and contact Ambrose Law immediately.

Testing Procedure for Refusal of a DWI Test

It is essential to understand that the DWI test refusal discussed in this blog pertains to the formal test offered at the police station and not the PBT administered at the side of the road. The latter may be refused without legal repercussions, other than an arrest. The officer invokes the implied consent law by requesting a formal breath, urine, or blood test after an individual is arrested and returned to the station.

If the officer wishes to administer a breath test using the DataMaster machine, he/she must first read the Breath Test Advisory and then obtain the individual’s consent. To conduct a urine or blood test, the officer must first obtain a search warrant. The detainee has the right to refuse any test, but must be informed that doing so is illegal.

Criminal Charges for Refusing a DWI Test

Even for first-time offenders, a DWI test refusal charge is a gross misdemeanor because it is considered an aggravating factor. Depending on the number of aggravating factors, it can range from a third-degree DWI to a first-degree DWI. The maximum penalty for a gross misdemeanor is one year in jail and/or a $3,000 fine. However, the mandatory minimum sentence depends on the number of prior convictions, not the number of aggravating circumstances.

In addition to the other DWI defenses that exist for all DWIs, a DWI Test Refusal requires the State to prove that the driver failed to complete the requested chemical test through verbal or physical refusal. Some situations are ambiguous, such as when a person attempts to submit to a breathalyzer test but cannot blow long enough or hard enough to register a reading. Or, a person who asks too many questions of the officer or otherwise delays the testing process may be deemed to have refused when, in fact, it is not sufficient to constitute a refusal.

Finally, it is essential to understand that the implied consent law must be followed precisely in order to successfully charge this offense. Meaning that the Breath Test Advisory must be read, the driver’s rights must be explained, an opportunity to speak with an attorney must be offered, and the driver must be informed that refusing is a crime. Although this is a simple task for the officer to perform, you’d be surprised at how often these statutory requirements are not met, resulting in a potential defense.

Collateral DWI Test Refusal Consequences

License revocation is the most immediate collateral consequence of a DWI test refusal. Even for a first offense, the license suspension period begins at one year. IF, HOWEVER, the individual pleads guilty to the DWI refusal charge, the suspension is reduced to 90 days. And if they plead guilty to a misdemeanor DWI of the fourth degree instead, their license is suspended for 30 days. This only occurs if the individual has never been convicted of a DWI. Fascinatingly, this creates a bizarre situation in which a person who knows they are intoxicated would be better off refusing the formal test and pleading guilty to either charge.In such cases, the period of revocation is either 90 or 30 days.

In contrast, regardless of how the criminal case is resolved, the revocation period is one year if the blitzed individual tests above.16. In addition to losing driving privileges for varying lengths of time based on the circumstances, refusing a DWI test can result in the impoundment of license plates and the forfeiture of the vehicle. If you are facing criminal charges for refusing a DWI test, you should be aware that prosecutors tend to take these charges more seriously than a standard DWI. They frequently view a Defendant charged with refusal as noncompliant and as someone who disregards the law. To ensure that you receive the proper defense and fight for your future, it is essential that you hire an experienced and strategic DWI lawyer.

Consult With A Lawyer Who Remains Current As The Laws Are Changing

The laws governing blood, breath, and urine testing are in constant flux. The U.S. Supreme Court and the Minnesota Supreme Court are currently debating whether blood and urine tests by law enforcement officers require a warrant. Due to ongoing cases like these, please contact me to discuss your legal rights. At Ambrose law firm, I work diligently to stay abreast of this rapidly evolving aspect of DWI law.

Free Consultation Available

Start Your Defense As Quickly As Possible Remember that you can request to speak with an attorney before submitting to a DWI breath or chemical test in order to fully understand and protect your rights, so contact Ambrose Law. You can also count on us to defend you against DUI and DWI charges if you fail a breath or chemical test.

What Are Whiskey Plates and Will I Be Required to Display These if I’m Convicted of DWI?

If you’ve spent much time driving in Minnesota, you may have noticed a few vehicles with plain white license plates with black or blue lettering, with the letter W always appearing first. These are often referred to as “whiskey plates.” Individuals who have been involved in certain DWI/DUI incidents in Minnesota are required to display these plates on their vehicles.

What Function Do Whiskey Plates Serve?

Some individuals believe that whiskey license plates are intended to humiliate convicted drunk drivers. That is not the case, however. The true function of whiskey license plates is to aid law enforcement.

When an officer sees whiskey license plates on a vehicle, it indicates that the driver has been previously arrested for DWI, and it is intended to heighten the officer’s awareness of the driver’s risky behavior.

The compulsory registration of whiskey license plates is known as “plate impoundment.”

Can law enforcement stop you at any time if you have whiskey plates?

In the past, officers were permitted to randomly pull over vehicles with a whiskey license plate. The Supreme Court of Minnesota has finally put an end to this. Today, police require probable cause to stop any vehicle, including those with whiskey license plates. Typically, if you have whiskey license plates, police officers will follow you for longer, waiting for you to commit a minor traffic violation that gives them probable cause to pull you over.

Which DWI Charges Result in Whiskey Plates?

First-time DWI offenders are typically exempt from registering for whiskey plates. Instead, whiskey license plates are reserved for drivers whose actions are deemed more serious or habitual.

• Your blood-alcohol concentration (BAC) at the time of your arrest was 0.16 or higher (even if this is a first-time offense)
• You have had a DWI or refused to submit to a blood, breath, or urine test within the past ten years. • You had a child under the age of 16 in your vehicle at the time of your DWI/DUI. • You received a DWI while driving while your license was suspended, canceled, or revoked.

If your vehicle has whiskey plates, can you drive another vehicle without them?

If you are required to obtain whiskey license plates, you must obtain them for every vehicle you own or plan to operate. Therefore, your spouse’s vehicle and your children’s vehicles will require whiskey plates, even though they did not receive a DWI. If you received a DWI while operating a friend’s or other non-owned vehicle, the owner of that vehicle will likely be required to obtain liquor plates.

How long do whiskey plates remain attached?

If whiskey plates are required in your situation, you must display them for one year plus any additional time you are without a valid license. If your license is able to remain valid because you are enrolled in an ignition interlock program, you will still be required to display whiskey plates for the first year of the program.

Receive Assistance Combating DWI/DUI Charges to Avoid Whiskey Plates

In Minnesota, you may be required to display whiskey plates if convicted of certain drunk driving offenses. You must fight the charges in order to avoid conviction and minimize other penalties, such as jail time, fines, and license suspension.

Ambrose Law’s DWI defense attorneys have helped hundreds of individuals in Minnesota fight their drunk driving charges. If you have been arrested, contact our Minneapolis firm at or online today for a free consultation.