Criminal Defense Attorney in Mankato, MN
Criminal charges are not to be taken lightly. A conviction can change your life forever. In many ways, your life as you know it hangs in the balance.
We want you to know that there is a way out! At Kohlmeyer Hagen Law Office, we can defend you against criminal charges, including either obtaining a not guilty verdict, getting the charges dismissed or minimizing the damage a conviction has on your life.
Handling All of Your Minnesota Criminal Defense Needs
Because of our vast experience as past prosecuting attorneys, we are able to handle a wide range of criminal matters for our clients, including Minnesota DWI / DUI. We have exceptional experience with all manner of issues surrounding drunk driving charges, including: Field Sobriety Tests/Police Mistakes, Check Points, Breath & Blood Tests, License Restoration, CDLs and DUI/DWI/Boating While Impaired.
Don’t Wait To Contact Us | 507.625.5000
Contact us as soon as possible. The sooner you call us and get us on the case, the more time we will have to prepare your defense. Even if you are not sure you want to hire us, call us and talk with one of our Mankato criminal defense attorneys. We offer a complimentary, no-obligation consultation. Talk to us and see what we can do for you.
FREQUENTLY ASKED QUESTIONS
Failure to Appear
If you fail to appear at a court hearing after being court ordered or summoned to appear, a warrant for your arrest will probably be made issued by a judge. When a judge issues a warrant for failing to appear it is often referred to as a bench warrant. It could be a “body only” warrant requiring you to physically appear or a warrant with an amount of bail, meaning you could be released after being arrested on a warrant if you pay that bail.
Someone can be charged with domestic assault in Minnesota when a person hits a victim or inflicts fear of harm in a victim. An assault becomes a “domestic assault” when the victim is in a familial or sexual relationship with the perpetrator (e.g. sibling, child, partner, spouse, etc.). An interesting side note is that if a person hits their roommate (even If they do not have a sexual relationship) it can still be classified as a domestic assault.
Orders for Protection (OFP)
An order for protection may be granted when someone has been a victim of physical abuse or is in immediate fear of being physically harmed. If the person who has the OFP against them violates the conditions of the OFP, that person can be prosecuted criminally. Multiple violations of an OFP can result in harsher consequences and even longer jail sentences.
Harassment and Restraining Orders (HRO)
A Harassment and Restraining Order may be granted when someone has threatened to commit acts of violence or when a person has been subjected to repeated unwanted acts in words or gestures. If the person subject to the HRO violates the conditions of the HRO, that person can be prosecuted criminally. Multiple violations of an HRO can result in harsher consequences just like an order for protection.
OFP/HRO Violations May Be Enhanceable
This means that if you have previous conviction for violating an OFP you may be charged at a higher crime than a simple misdemeanor, this is one of the reasons why it’s so critical to take these offenses seriously and see what kind of rights you have.
Criminal Sexual Conduct
Criminal Sexual Conduct in Minnesota is divided into five degrees, with first degree carrying the greatest consequences for a defendant. The degrees are differentiated from each other either because of differences in ages or based on the type of sexual conduct perpetrated and each carries a different penalty. For example, a 1st Degree Criminal Sexual Conduct charge carries a presumptive 144 months in prison, while a 5th degree Criminal Sexual Conduct charge carries a maximum of 90 days in jail.
Child pornography cases usually bring to mind the worst in people, but often any naked pictures or pictures of minors engaged in a sexual type act can be charged as child pornography.
State vs. Federal Child Pornography Crimes
There are two different sets of laws in Minnesota regarding child pornography, one is the state statute the other is the federal law. The US attorney for Minnesota has the discretion to file an indictment on child porn charges in MN, which means it is up to them. If the fed’s don’t file the indictment then often the county attorney will file state charges.
Is There a Mandatory Minimum Sentence for Child Pornography Charges?
In Minnesota state court there is no mandatory minimum for child pornography charges. The sentencing grid will come into play and depending on the level of offense and criminal history it will determine if there is a presumption of prison/jail. In federal court, there is a 60 month mandatory minimum for possession of anything more than minimal child pornography.
Do I Have to register As a Sex Offender?
That depends on the type of crime you are convicted (and charged) with. Certain crimes such as assault, theft or DWI do not require a person to register but a conviction of 4th degree through 1st degree criminal sexual conduct require a person to register as a sexual predator.
How Long Do You Have to Register as Sex Offender?
The Minnesota registration period is for 10 years; however, the judge cannot shorten it.