Know Your Rights, Pt. 2: At Your Home

Today, we'll continue on with our dissection of your rights regarding contact with the police.  Last week, we kicked this series off by look at what you have to do and what you don't have to do when pulled over in your vehicle.  Today, we'll examine the less common but more "fraught-with-potential-disaster" situation of police showing up at your home in an effort to speak with you.  Again, keep in mind, this information is intended to be used only as a rough guideline to use if you're put in a situation like this.  If you encounter a situation where police show up at your home to speak with you about your involvement in a crime or your knowledge of a crime, the best thing you can do is contact a Minnesota criminal defense attorney immediately in order to best protect your rights.

We'll set the stage.  You're at home on a lazy Thursday evening preparing dinner and watching your favorite television program (maybe "Family Feud with Steve Harvey") when, all of a sudden, there is a loud knock at your front door.  You walk over to the door, look through the peep hole, and see two uniformed police officers standing on the other side.  At this point, you're mind is racing.  "What could they want?" you wonder.  Every little misdeed you've ever committed is now at the forefront of your mind.  Startled and vulnerable, you open the door.  (Note:  You're not required to open the door.  You can tell them through the door that you'd prefer to not open it for them, but unless you've got marijuana smoke billowing out of your front door or something like that, just open the door.)

You greet the officers with a simple "Good evening."  They ask if you are you, to which you reply "yes."  The officer on your left (who's clearly in charge of this show) tells you that they're investigating a break-in that occurred down the street a couple of nights ago and were wondering you could answer a few questions for them.  This is the beginning of when you need to be vigilant regarding your rights.  What you tell the officers will be used by them to attempt to solve the mystery of the break-in.  Whether or not you are a suspect in the crime doesn't matter.  The job of police is to solve crimes, and if you give them a reason to wonder whether you were involved, they will.

Your response to their initial questions should be something along the lines of "I'm not sure I'll be of much assistance to you, officers, but I'll do my best to help."  Police have a tough job, and offering to help them in any way you can will go a long ways.  Whether you are a suspect or not, it's likely that you will be asked if the officers can come inside.  You do not have to let them into your home, so it's completely up to you whether you choose to allow them in.  There are two reasons officers want to come inside to question you.  One is comfort, both theirs and yours.  Sitting on your couch and talking is much more comfortable than standing outside in the cold to speak with you.  You will probably be more comfortable, as well, because sitting in your living room with the police is a lot less intimidating than going to the station to give a statement. The second reason is that by gaining entrance to your home, the officers will have the opportunity to look around and see if any of the missing items from the burglarized house are in your home.  I know the odds seem small that the actual thief would be dumb enough to leave stolen materials laying around their house, but you'd be surprised.  Police don't use this trick because it's a waste of time.  Even if you aren't the person who broke into the house in question, it's possible that you have the same television, pewter picture frame, or Target-issue lamp that the victims had taken from them.  You can save yourself the hassle of proving that your property is, indeed, your property by just telling the officers that you're perfectly comfortable speaking in your doorway.

By talking to the officers at your doorstep, you might encourage them to be a little quicker with their line of questioning.  If it's cold or there's precipitation falling, they likely won't take too much of your time.  Unless you're a suspect, it's unlikely they'll ask you to accompany them to the station to speak, but we'll get to that scenario on Wednesday.  For the time being, offer to speak to them at the doorstep.  If you'd be more comfortable speaking with the door chain connected, feel free to do so.  Do not walk outside and don't let them inside.

Now, once they start asking questions, it's very important to listen carefully to what kinds of things they are asking you.  If, in your opinion, the questions they are asking you are intended to determine your level of involvement in the crime they are investigating, you should refuse to answer any more questions without your attorney present.  Questions that should trigger this concern are things like "where were you the night of...," or anything that seems overly broad.  If they ask something like "Do you know anything about the burglary?" you need to be wary about how long of an answer you give.  This type of questions encourages the questioned party to offer up a lot of information without a specific path.  The best thing to do is to keep your answers to any questions short to avoid offering up information you didn't intend to disclose.

If the officers are asking questions like "Did you see or hear anything out of the ordinary" or "Have you noticed any suspicious people in the neighborhood in recent days," it's unlikely they consider you anything other than a potential witness.  Many times, people witness a crime without even realizing it.  Police know this, so they ask these kinds of questions to see if you noticed something that you didn't realize might be connected with the crime.  Feel free to answer these questions.

If you are the focus of a criminal investigation, the officers might not be so friendly.  If the officers really want entrance into your home, they will say a lot of things to try to get you to consent.  It's much easier for them to get permission to enter than it is for them to go to a judge and get a warrant.  They'll say things like "This will go a lot easier if you just let us in," "We just want to ask you a few questions.  You don't have anything to worry about," or "If you don't let us in, we'll just go get a warrant and try this again."  Remember that no matter what the police say to you, they don't have the right to enter your home without your permission unless they have a warrant.  Tell them to get the warrant and then come back.  Again, if they want to talk to you bad enough, they will ask you to come with them to the station.  I'll tell you what to do in that situation on Wednesday.

If the police just want to know if you saw anything that could be useful to them, the conversation will likely be pretty quick.  If they are investigating you to determine if you had any involvement in the crime, it may be a more lengthy conversation if you allow it to continue.  Again, if you believe that the line of questioning being utilized by police is an attempt to build a case against you or support a charge against you, refrain from answering any further questions and contact a Minnesota criminal defense lawyer immediately.  Even if you KNOW you are not responsible for the crime in question, this won't protect you from being charged, or even from being convicted.  Don't leave your freedom up to chance.  Contact your local Minnesota defense attorney to make sure you are protected.

As always, none of the information contained within this article is intended to act as legal advice or advertising.  Minnesota Criminal Law Blog is intended to be used for entertainment purposes only.  If you are in need of legal advice or representation, stop looking to internet articles for answers and call or email a Minnesota criminal law attorney today.

Know Your Rights: Traffic Stop

I'd like to preface this article by saying that police are not bad people.  I know the tone of a lot of my articles is that of the badgering police officer harassing the unassuming citizen, but this is far from the norm.  Police provide a vital service for our society, and do a fantastic job of keeping us safe.  I would never speak an ill word about the work police, especially Minnesota police, do on a day to day basis.  Whenever you're dealing with police, be polite, be attentive, and be respectful.  They've earned at least that from everyone.

Having said that, a lot of what officers are asked to do involves a certain level of prying into the private lives of people.  If a crime is being investigated and you "meet the description" or are in the wrong place at the wrong time, it is the job of police officers to do their due diligence and find out what you know.  If you ever find yourself in this situation, whether it's the result of being stopped on the street, greeted at your front door, or called in to the police station for questioning, it's important to know what you must do and what you may do.  I use those words because just because you aren't required to provide certain information doesn't mean you shouldn't.  In this article, I will go over what you are required to provide to police when asked and what is completely optional.  Over the next few articles, I'll touch on one of the four most common situations in which one may be questioned by a police officer.  We'll start with the most common.

The Traffic Stop

Let's start with when you're pulled over while driving.  There could be any number of reasons you were pulled over:  Speeding, running a red light, weaving, cutting someone off, or even something silly like a broken tail light.  The point is, unless you know how long the officer has been following you, you might have committed any number of infractions he could call you out on.  The key is not to help him out.  The officer is likely going to ask you something along the lines of "Do you know why I pulled you over?"  Your answer should be "No, I don't."  If you say "yes" and them give him the reason, that's all he needs to know to write that ticket with confidence.  Even if you think you are 100% sure you know why you've been pulled over, you could still be wrong.  Don't be that guy who gets pulled over for a flickering tail light who ends up driving away with a ticket for running a stop sign.  So one "don't" to remember if you get pulled over is don't give the officer reasons to write you tickets.  Another don't is don't go on the offensive.  The last thing an officer wants to hear is you questioning his motives.  He's probably got perfectly fine motives, and eventually he'll let you know what they are.  By asking "What did I do?" or "Is there a problem, officer?" you are making your first contact with the officer aggressive.  Questions like that might seem harmless enough, but the best thing to do is let the police officer lead the conversation.  When you are waiting for the officer to come to your vehicle, simply get your driver's license and insurance card out, roll your window down, and wait.

That brings us to your first required action -- giving the officer your license and proof insurance.  If you've been pulled over while operating a motor vehicle, state law requires you to present both of these things.  This is called the implied consent law.  If you have both a license and valid auto insurance but don't have them with you in the vehicle, you do have time to show them to the court before additional citations are issued.  In most cases, providing proof of license and proof of insurance for the date of the traffic stop before your first court date is sufficient.  If you have your license and insurance and just don't want to show the officer, then you're crazy.  Just show him.  If you've got warrants, outstanding tickets, or something of that ilk, they're going to find out, anyway.  Just cut to the chase and take your medicine.

Another thing that technically you don't have to do, but it's certainly in your best interests, is to exit the car if the officer asks you to.  Basically, you don't have to comply with his request, but if you choose not to, it will no longer be a request.  Make sure to close the door behind you, however, as leaving it open could lead to the officer using plain sight to see something you'd rather him not see.  

There are a number of things you don't have to allow the officer to do.  First and foremost, you have no obligation to agree to any search of your vehicle.  Even if you have nothing to hide, there is no reason to allow an officer to rifling through your personal property.  If he asks to search the interior of your vehicle, politely turn him down.  If he asks you to open your trunk, politely decline.  If he asks you to open your glove compartment, politely decline.  Sometimes, officers will phrase such requests as statements, saying something blunt like "Open your trunk, sir/ma'am."  Don't be fooled.  A police officer can not order his or her way onto or into your personal property.  If they would like to search your vehicle, they'll have to get a warrant.  If they tell you they have probable cause to search your car and forcibly enter your vehicle to do so, contact a Minnesota criminal defense attorney immediately.  The search taking place is likely illegal.  There are some certain circumstances where courts have allowed officers to search cars, but that is for another day.

Lastly, the best way to avoid saying or doing something dumb is to remove yourself from the situation as soon as possible.  In most traffic stops, the end is very apparent.  The officer will talk to you, get your information, write you a ticket/warning (or not if you're lucky) and tell you to be on your way.  In some circumstances, however, the nature of the stop is more ambiguous.  If the officer is asking you a lot of questions, asking to search your vehicle, or threatening to bring in back up if you don't adhere to his instructions, you need to determine what kind of trouble you're in.  The easiest way to do this is to ask the officer if you are being detained.  If the officer says that you are not being detained, politely ask if you are free to leave.  If the answer to this is "no," then disregard the officer's first answer.  You are being detained.  If this is the case, assert your right to speak with your Minnesota defense attorney immediately.  If the officer says that you are free to leave, simply get in your vehicle and slowly drive away.  If he says you are free to leave but continues to ask questions, keep asking if you are allowed to leave until he stops.  Never walk away while still being spoken to.  As always, if you have to have this exchange with an officer, be polite and courteous.

Being armed withe knowledge of your rights is very important, but can also be detrimental.  All too often, citizens will get "snippy" with officers in an effort to protect their rights.  Your first instinct when dealing with police should not be to get defensive and assume that they are trying to take advantage of you.  Police exist to help in our society.  Always assume that they are doing things the right way until they give you reason to believe that they are not.  By keeping these simple concepts in mind, however, you could avoid putting yourself in more trouble than you deserve the next time you're pulled over when driving.

As always, the views expressed in this blog are not intended to be legal advertising or legal advice.  The Minnesota Criminal Defense Blog is intended solely for entertainment purposes.  If you have been charged with traffic violations or believe that your rights have been infringed upon by an officer of the law, contact a Minnesota criminal defense lawyer directly in order to get the legal guidance you will need in order to obtain the best possible result in your situation.

Ultimate Showdown! Private Defense Attorneys vs. Public Defenders

Many shoppers out there believe they have two options in choosing an attorney to defend them in a criminal case.  1) Hiring their own private defense attorney, or 2) Choosing to go with the public defender provided by the state/county.  People believe this to be true because of the case Miranda vs. Arizona which states that every accused person has the right to an attorney.  If one cannot afford an attorney, one will be provided for them.  It's that last sentence that gets a lot of people in trouble.

The general consensus among people unfamiliar with the legal system is that YOU get to decide whether or not you can afford a defense attorney.  This, as you may be realizing, is not the case.  Requirements vary depending on the state, county within the state, and type of crime you have been charged with, but in Minnesota, there are very strict income limits for people receiving free legal representation.  In other words, being able to afford an attorney is different than not wanting to pay for one.  Even if you don't make too much money, if you have assets you could liquidate (an extra vehicle, a boat, a cabin up north that you use for recreation, your first born child), the courts are well within their rights to ask you to liquidate them before they will offer you free legal services.  So, most people charged with crimes do not qualify for public defenders.  This leaves you with two options: 1) Hire your own lawyer, or 2) represent yourself pro se.  I would NEVER recommend representing yourself in any case that could carry with it significant fines or jail time.  The average citizen, as bright as he or she may be, simply is not equipped to deal with all the ins and outs of criminal defense.  They don't make us lawyers go to law school for three years before we can even sit for the bar for no reason.  Practicing law is tough and, in most cases, should be left to the professionals.  You wouldn't perform your own heart surgery.  You shouldn't defend your own criminal cases, either.

So, now you know that you likely don't qualify for public defender services.  But what if you do?  What if you have been struck down by the economy, are having a tough time making ends meet, and got mixed up in something for which you are being charged with a crime.  Should you go with the public defender if you qualify for one?  I know if I recommend "no," that may ring a bit hollow, seeing as BDH Law Office is a for-profit private law firm that benefits from people deciding not to employ a public defender.  However, I truly do believe that if you can scratch up enough money to pay for a private attorney, whether it be by borrowing from friends or family, or even asking from donations from people from your local church, it will be worth it for you in the end.

I would never disparage the work that public defenders do.  Public defenders are one of the reasons the legal system works.  They often work for much less than they are worth and work too hard for what they are paid. They don't get to choose their clients -- they care chosen for them.  They do an admirable job considering the circumstances under which they are required to operate.  If it wasn't for public defenders, innocent people would be sent to jail FAR more frequently.  The problem with accepting a public defender to defend your case is that the system is broken.  Funding for PD's has gone down significantly over the years and there simply aren't enough public defenders to handle the case load they are burdened with.  This lack of time, resources, and flexibility make juggling the workload very difficult for most PD's.  They put in every bit as much effort as a private attorney, but their time is simply stretched too thin for them to give every client they have the attention they deserve.  This often can lead to missed details, delays in your trial (if indeed your case goes to trial), and a weaker relationship between you and your attorney.

Private attorneys have the ability to limit their case load to a number of clients they are comfortable with.  If they don't have room, they often will refer you to an attorney who might.  You are paying for the services of a private attorney, unlike with a public defender, but you get a lot for your money.  You get someone who will put in the necessary time to make sure all the "i's" are dotted and "t's" crossed regarding your defense.  While there are obvious benefits to a public defender settling a case just to get it over with (lessening their caseload, helping their client end the proceedings quickly, creating more time for other clients), private attorneys need to be successful to continue to get clients.  The last thing any Minnesota criminal defense lawyer wants to do is get a reputation as someone who pleads out every case they handle.  A lawyer who recommends accepting a plea all the time isn't an attorney who seems willing to go to war for you.  You need a lawyer who will help you find the best possible outcome for your case and then fight to get it.  If your attorney feels the best you can do is accept a plea offered up by the prosecution, then so be it.  What you don't want is an attorney who is suggesting a plea because they don't have time to handle your case properly.

If you've been charged with a crime, be it a felony, misdemeanor, or DWI, it's important to have legal representation.  If you really cannot afford an attorney, then it's certainly better to work with a public defender to make sure you have a competent, experienced attorney on your side.  However, even if you do qualify to use a public defender, if you think you can make it work financially, hiring a private Minnesota criminal defense attorney is going to give you the piece of mind that you get from knowing someone is willing to battle for your rights.


As always, none of the proceeding is intended to act as legal advice in any way.  If you have been charged with a crime or fear that you may be charged with one soon, please contact a Minnesota criminal defense lawyer immediately to set yourself up with the best possible opportunity to succeed in your defense.

Let's Get This Rolling!

Welcome!  You have stumbled upon Minnesota's newest legal blog covering the topics of criminal law and defense.  Hopefully you are here for entertainment purposes only, but if you have been charged with a crime and are looking for answers, hopefully you'll be able to find something of use within these pages!

BDH Law Office is a criminal defense firm located just minutes north of St. Paul, MN.  From the smallest traffic offense to the most severe felony charge, criminal proceedings are full of nuance and pitfalls that can really hurt your reputation, impede your rights, and even hinder your ability to find employment.  In this blog, you will have the opportunity to read about cases in the news that we find interesting, see questions asked by other readers, and learn about common misconceptions and myths regarding criminal defense.  I'll be posting to this blog 3 or 4 times a week, so check back often to stay up to date with all the goings on in Minnesota criminal law!

In the mean time, feel free to check out the other social network outlets for the BDH Law Office.  Our Twitter handle is @bdhlawoffice.  Follow us on Twitter to get updates about our practice, as well as info and opinions regarding the world of criminal law.  Join our group on Facebook at facebook.com/bdhlawoffice.  Be a part of the discussion boards, participate in polls, and even chat directly with an attorney.
You can also check out our entry on LawGuru under Minnesota law firms.  The official website of BDH Law Office can be found at bdhlawoffice.com.  You can read more about our firm, our areas of practice, and our attorneys.  You can even fill out a contact form with a short summary of your situation directly to an attorney at BDH Law Office in order to have your case reviewed.  Whether we feel like we can help you or not, a BDH Law Office attorney will be in touch with you within the hour to discuss your situation with you.

Nothing on this blog is intended act as legal advice.  It is solely for entertainment purposes.  If you have been charged with a crime or believe you will be charged with a crime, no amount of internet research will be sufficient to ensure the success of your case.  Contact a Minnesota criminal defense attorney immediately to get specific advice and guidance regarding your situation.

Thanks, everyone!