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Criminal Defense

Criminal Defense Attorney Fergus Falls MN

criminal defense attorney

A criminal case in Minnesota moves quickly. If you are arrested and detained, you will usually see a judge within 36 hours, excluding the day of arrest, Sunday, or holidays. The conditions of release, no-contact orders, and issues with licenses set in those first few days can shape the rest of the case.

At 29th and Law PC, we defend people charged with misdemeanors, gross misdemeanor, and felony in Fergus Falls and throughout Otter Tail County from the first appearance to the final hearing.

How Minnesota Grades Criminal Offenses

The level of the charge determines the maximum penalty. Minnesota defines each category in Minn. Stat. § 609.02 as follows:

  • Petty misdemeanor: Not a crime, but a fine may be imposed.
  • Misdemeanor: Up to 90 days in jail.
  • Gross misdemeanor: Up to 364 days in jail.
  • Felony: Any offense that could result in more than one year in prison. Sentences for felonies are determined by the Minnesota Sentencing Guidelines.

Few people receive the maximum, but the level shows how seriously the state treats your case.

Criminal Cases We Handle in Fergus Falls

DWI and Breath Test Refusal

Minnesota uses the term DWI (Driving While Impaired), not DUI (Driving Under the Influence). Under Minn. Stat. § 169A.20, you can be charged for driving with an alcohol concentration of 0.08 or more, for driving while impaired by alcohol or drugs, or for refusing to take an evidentiary test.

The severity of the charge depends on aggravating factors, as listed in § 169A.03. These include:

  • A prior DWI conviction or revoked impaired-driving license within the past 10 years
  • An alcohol concentration of 0.16 or higher
  • A child under 16 years old in the vehicle, if the child is more than three years younger than the driver

With no factors, a first DWI is usually a fourth-degree misdemeanor. One factor makes it a third-degree gross misdemeanor, two factors make it second degree, and a fourth DWI within 10 years or any DWI after a prior felony is a first degree felony.

A DWI arrest also starts a separate civil case against your driver’s license. Since August 1, 2025, Minnesota has looked back 20 years to find prior incidents when setting the revocation period under § 171.178. You generally have 60 days to challenge the revocation in court under § 169A.53. This deadline does not apply to the criminal case.

Drug Crimes

Minnesota grades drug offences in five degrees, under Minn. Stat. §§ 152.021 to 152.025, based on the type of drug, the quantity, whether the sale is claimed by the state, and factors such as a firearm.

Fifth-degree possession is usually a felony. However, there is an exception. According to § 152.025, the first-time possession of less than 0.25 gs, or one dosage unit, is considered a gross misdemeanor. Additionally, many first-time cases may qualify for dismissal without conviction under § 152.18 after probation.

Many drug cases here begin with traffic stops on I-94 or county highways. Whether those stops and searches were lawful are often the strongest defense issues.

Assault and Domestic Assault

Assault in Minnesota covers more than physical injury. Under § 609.02, subd. 10, assault means either an act intended to make someone fear immediate bodily harm or death, or intentionally inflicting (or attempting to inflict) bodily harm. You can be charged even if no one was touched.

Charges range from fifth-degree assault, a misdemeanor, to first-degree assault. The level of punishment depends on the severity of the crime, the weapon used, and the identity of the alleged victim. Since August 1st, 2026, assaults against certain hospital and clinic workers, as well as vulnerable adults, carry higher penalties.

Domestic assault under § 609.2242 has extra consequences. A no-contact order issued at first appearance can prevent you from entering your own home, and a conviction can affect your right to possess firearms.

Other Misdemeanors and Felonies

We also defend theft, property damage, disorderly conduct, driving after revocation, order violations, and probation violations. If you don’t understand your charge, call and ask.

What Happens After a Criminal Charge in Minnesota

Most cases follow the Minnesota Rules of Criminal Procedure in the following order:

  1. First appearance: The judge will explain the charge, your rights, and set bail or release conditions.
  2. Second appearance: For felony and gross misdemeanor cases, there is a separate Rule 8 hearing.
  3. Omnibus hearing: Your attorney can challenge the stop, search, statements to police, and probable cause.
  4. Negotiation: Many cases are resolved here.
  5. Trial: You have the right to a jury trial. If you plead not guilty, either side can request a speedy trial that must start within 60 days.
  6. Sentencing: If there is a conviction, sentencing takes place.

The earliest hearings often matter the most. Evidence issues are easier to address before positions harden.

How Minnesota Sentencing Guidelines Can Affect Your Criminal Case

Outcomes Other Than a Conviction

A charge does not necessarily mean a conviction. Depending on the circumstances and your background, there may be several options available to you:

  • Dismissal, if the evidence is insufficient or was obtained illegally
  • A reduced charge for a less serious offense
  • Continuation of the case for possible dismissal or postponing the trial, which means that the case would end without a conviction if certain conditions are met
  • Pretrial diversion, which is available for eligible cases
  • Acquittal at the trial

Your record matters after the case ends too. The Clean Slate Law in Minnesota began automatically sealing eligible records in 2025. Certain offenses, such as fourth-degree DWI and domestic assault, are not eligible for automatic sealing and require a petition under Chapter 609A.

Why Clients Choose 29th and Law PC

When people learn that Nikki Kaasa is an attorney, they often say, “You must love arguing.” She sees her job as finding solutions. Sometimes this means a strong argument in front of a judge or a jury. More often, cases can be resolved outside of the courtroom through practical skills and respect.

Our goal is to find specific solutions to your specific legal problem in the most practical and cost-effective way:

  • A strategy built around what you need to protect (your license, your job, your family)
  • Roots in Fergus Falls since 2016
  • Readiness to go to trial when a fair resolution isn’t offered
  • A free consultation, so you understand your options before you commit

Meet Nikki Kaasa

Talk to a Fergus Falls Criminal Defense Attorney

If you have been charged or think you are under investigation, contact 29th and Law PC for a free consultation. Bring your citation, complaint, or notice of revocation with you. The sooner we can see it, the better our chances of helping you.

Common Criminal Defense FAQs

Do I need a lawyer for a misdemeanor charge in Minnesota?

Usually, yes. A misdemeanor can mean up to 90 days in jail and a criminal record. Some, like fourth-degree DWI and domestic assault, can also lead to future charges and cannot be sealed automatically.

Should I talk to police if they want to ask me questions?

You have the right to remain silent and have an attorney. You may politely refuse to answer questions without a lawyer. Breath testing for DWI is different: refusing to take the evidentiary test is a crime, although you usually get a reasonable opportunity to call a lawyer first.

How long does a criminal case take in Otter Tail County?

Misdemeanors often take weeks to resolve, and felonies take longer, especially if there are evidence challenges or trials. A speedy trial after a not-guilty plea usually requires a trial within 60 days.

What is the difference between a stay of adjudication and a stayed sentence?

With a stay of judgment, no conviction is entered and the case is dismissed when you meet the conditions. If you are convicted with a stayed sentence, jail or prison time will be put on hold during probation.

Can a DWI charge be reduced or dismissed?

Sometimes, common issues include whether the stop was valid, whether the implied consent advisory was read correctly, and whether the test was properly done. We review reports and squad videos before advising you.

Will a criminal charge show up on a background check?

It can, even if the case is dismissed. Minnesota’s Clean Slate Law automatically seals many eligible records after a waiting period. Others require a petition. We can tell you which one applies to you.

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