What Your Criminal Defense Lawyer Does for You in Minnesota

From the First Phone Call

Often the first contact is a phone call from jail. One of the most important things a lawyer will tell you right away: do not discuss your case on the phone or with anyone else — not police, not other people in custody, not reporters, and not even friends or family. Jail calls may be overheard, and what you say to friends or family generally isn't protected the way conversations with your lawyer are. Those people could even become witnesses.

A good lawyer will also make sure you understand, immediately, that:

• You have an absolute right not to talk to anyone and to have a lawyer present for any questioning.
• You should not agree to a lineup, physical examination, or giving samples without your lawyer present.
• You should tell your lawyer if you've been threatened, promised anything, or physically mistreated.

Then the lawyer gets practical: finding out where you're held, the charge, and any bail amount, and helping arrange release. A diligent lawyer comes to the jail promptly — a phone call alone isn't enough to protect you.

The First Meeting: Honesty and Confidentiality

When your lawyer meets with you, the conversation should be in a private setting, and what you say is confidential — protected by attorney-client privilege. That confidentiality exists for a reason: it lets you be completely candid. A lawyer can only protect you well if they know the full story.

A good defense lawyer is non-judgmental and on your side, regardless of the charge, and will explain your rights, discuss fees honestly, and — if you can't afford private counsel — help you arrange a public defender. Importantly, what you tell a lawyer stays confidential even if you don't end up hiring them.

What this means for you: Holding back information from your own lawyer almost always backfires. It leaves your defense vulnerable to surprises. The privilege exists precisely so you can tell your lawyer everything.

Investigating Your Case

Your lawyer's duty to investigate exists no matter what you've admitted or whether you want to plead guilty. That can include:

• using a licensed, trustworthy investigator who is bound to protect your confidences;
• seeking information from the prosecution and law enforcement;
• meeting early with the prosecutor — sometimes before charges are even filed — which can occasionally result in no charge or a lesser charge; and
• exploring every avenue relevant to both the case and, if it comes to it, sentencing.

One thing that sometimes worries clients: seeing their lawyer be cordial with the prosecutor. A professional, respectful relationship between opposing lawyers is normal and usually works in your favor — it's not a sign anyone is selling you out. Your lawyer's loyalty is to you; the professionalism just makes the process work better.

Honest Advice — Not False Hope

A good lawyer gives you a candid, realistic assessment, including an honest estimate of the likely outcome. It's improper for a lawyer to overstate or understate your risks just to push you toward a particular decision. You should expect straight talk, not promises.

Your lawyer should also keep you informed throughout. In fact, poor communication is one of the most common complaints against lawyers — so a conscientious attorney keeps in touch even when there's nothing dramatic to report.

Who Decides What: Your Choices vs. Your Lawyer's

This is one of the most useful things to understand about the relationship. Some decisions are yours alone, after your lawyer fully advises you:

• what plea to enter;
• whether to waive a jury trial; and
• whether to testify.

Other decisions — the strategic and tactical ones — are your lawyer's to make after consulting you, including which witnesses to call, how to handle cross-examination, which jurors to accept or strike, and what motions to file. This division lets your lawyer use their professional judgment while keeping the most personal, life-affecting choices in your hands.

Protecting Your Rights Early

A defense lawyer should promptly take the steps needed to protect you, which may include seeking pretrial release, requesting a psychiatric evaluation when appropriate, moving for a change of venue or a continuance, moving to suppress illegally obtained evidence, seeking to separate (sever) charges or defendants, and moving to dismiss charges. Many of these have deadlines, which is part of why getting a lawyer involved early matters so much.

Conflicts of Interest

Your lawyer must watch for conflicts of interest — especially when more than one person was involved in the same incident. Representing multiple defendants in the same case is generally discouraged because their interests can diverge. And when someone other than you is paying the legal fees, your lawyer's loyalty still belongs entirely to you; a third party paying the bill cannot direct your defense.

A Few Things Your Lawyer Cannot Do

• Charge a contingent fee (a fee based on the outcome) in a criminal case — this is not allowed.
• Help you commit a crime or fraud, or coach you to lie. A lawyer must advise you to follow the law, and there are narrow circumstances in which a lawyer is permitted to disclose confidential information — for example, to prevent a crime or to prevent reasonably certain death or serious bodily harm.
• Pay a witness for their testimony (though reasonable expenses can be reimbursed).

Key Terms

• Attorney-client privilege: The protection that keeps what you tell your lawyer confidential.
• Suppression: Asking the court to exclude evidence obtained in violation of your rights.
• Conflict of interest: A situation where a lawyer's duties to different people could collide.
• Contingent fee: A fee based on the result — not permitted in criminal cases.