Criminal Defense Litigation in Minneapolis: One Partner, From Arrest to Appeal

Charge Severity Sets the Litigation Path

Not every criminal case moves through court the same way. The charge level on the complaint can significantly alter the direction of a case, from where the case is heard to what penalties a judge can impose after a conviction.

Minnesota law divides criminal offenses into three main levels of severity. A misdemeanor under Minn. Stat. § 609.02, subd. 3 carries a maximum sentence of 90 days in jail and a $1,000 fine. A gross misdemeanor under subd. 4 of that same statute raises that ceiling to 364 days in jail and a $3,000 fine. Felonies start above that line and can carry years in state prison, depending on the offense and the person’s criminal history score under the Minnesota Sentencing Guidelines.

The litigation path changes at each level. Misdemeanors in Minneapolis are typically handled in Hennepin County District Court’s Fourth Judicial District. Gross misdemeanors add more procedural steps and longer pretrial periods. Like gross misdemeanor cases, felony cases require a probable cause hearing, where we can challenge the state’s evidence, raise constitutional issues, and file motions to suppress evidence.

We see this play out often. Someone gets charged with fifth-degree assault, a misdemeanor. But if the same conduct involves a family or household member, the domestic assault charge under Minn. Stat. § 609.2242 may carry enhanced consequences on a second or third offense, jumping to gross misdemeanor or felony territory. The facts don’t change. The charging decision does.

That’s why early involvement matters so much. Before the complaint is even filed, we can sometimes present information to a prosecutor that affects the charge level. Once a felony complaint is signed, the defense work grows. More discovery to review, more motions to prepare, more court appearances in front of a district court judge rather than a referee.

Federal charges follow a different procedural path. Both partners at Lundgren & Johnson are admitted to the U.S. District Court for the District of Minnesota and the Eighth Circuit Court of Appeals, so we handle cases in federal court when that’s where the case lands. Federal sentencing guidelines operate differently from Minnesota’s system, the rules of procedure are different, and the stakes are often higher.

What Happens After an Arrest in Minneapolis

Most people who call us have never been arrested before. They don’t know what comes next, and that’s the part that scares them most. Here’s what happens.

After a Minneapolis arrest, you may be booked at the Hennepin County jail on 4th Avenue South. Booking means fingerprints, a photo, and paperwork. For many misdemeanors, you may be released within hours on your own recognizance. For felony charges or certain domestic assault cases under Minn. Stat. § 629.72, a judge must set conditions of release before you can get out. That can mean sitting in jail until a hearing.

Your first court date is the arraignment. In Hennepin County District Court, this usually happens within 36 hours if you’re still in custody. If you posted bail or were released, it could be weeks away. At the arraignment, the judge reads the charges and asks for a plea. You don’t have to decide anything permanent here, but what you say matters.

This is where most people make their first mistake. They show up alone, enter a plea without understanding the consequences, and agree to conditions they didn’t need to accept.

We answer our phone 24 hours a day, including holidays. If you call before that first hearing, we can review the complaint, explain the charges, and stand next to you when you face the judge. That early involvement changes the shape of a case. Bail arguments go differently when someone has reviewed the facts, and release conditions can be narrower or broader depending on what’s said in those first few minutes.

After arraignment, the case moves into a pretrial phase. The prosecution must turn over discovery, which includes police reports, body worn camera footage, lab results, and witness statements. We go through every piece of it. Often, something in that stack matters more than the client expected.

The timeline varies. A gross misdemeanor DWI might resolve in a few months. A serious felony in Hennepin County can take a year or longer before trial. But every stage between arrest and resolution is a place where decisions get made, and those decisions are hard to undo later. See our guide to Hennepin County arraignments.

When a Minor Charge Might Not Need Full Litigation

Not every criminal case needs a full trial. Some charges are minor enough that a straightforward resolution makes more sense than months of litigation.

A petty misdemeanor in Minnesota isn’t even a crime under Minn. Stat. § 609.02, subd. 4a. It carries a fine but no jail time. Common examples include certain traffic tickets and small-amount possession citations.

Some gross misdemeanor and misdemeanor charges also land in this territory. A first-time disorderly conduct charge, for instance, might be resolved through a plea agreement or a continuance for dismissal without extensive motion practice or trial preparation. We see this often in Hennepin County, where the Fourth Judicial District handles a high volume of low-level cases and prosecutors sometimes offer early resolutions for people with clean records.

Here’s what matters, though. You need to understand what “minor” means for your situation before you decide. A charge that looks small can carry consequences you don’t expect. Even a petty misdemeanor conviction shows up on background checks. A misdemeanor domestic assault conviction under Minn. Stat. § 609.2242 triggers a federal firearms ban for life. That’s not minor.

So when should you think twice? Ask yourself these questions. Could a conviction affect your job, your housing, or your immigration status? Is there a risk the charge gets enhanced because of prior history? Are you being asked to waive rights you don’t fully understand?

If the answer to any of those is yes, or even maybe, a conversation with a criminal defense attorney is worth your time. We offer free consultations for exactly this reason.

How Criminal Defense Fees Are Structured

This is one of the first things people ask, and it’s a fair question. Our firm charges flat fees. You are quoted one price for the representation, you know that number before you hire us, and you don’t get a monthly bill that grows as the case moves along.

Flat fees put the cost risk on the firm instead of on you. If a case takes more hearings, more motion practice, or more preparation than anyone expected at the first meeting, the fee doesn’t change.

Several things set the fee for a given case:

The severity of the charge and the potential sentence
Whether the case involves multiple defendants or co-conspirators
How much discovery the prosecution turns over, sometimes thousands of pages or hours of recordings
Whether private investigators or forensic consultants need to be brought in
Whether the case is likely to resolve through plea negotiations or head toward trial

A gross misdemeanor in Hennepin County District Court, where most Minneapolis cases are heard, will typically cost less than a felony that takes months of preparation. That’s the reality of the work involved.

Before you hire anyone, ask direct questions. Is the fee flat or hourly? What does it cover? Are court appearances included? Ask who will handle your case, too. Some firms charge a premium and then hand the work to junior attorneys you’ve never met.

At our firm, you work directly with the partner handling your defense. We don’t put staff between you and the attorney making decisions on your case. We’re happy to walk through the fee during a free consultation. Call (612) 767-9643 any time, we answer around the clock.

Trial, Sentencing, and Appeal: One Continuous Defense

Most people think of a criminal case as several separate events. The trial happens, then sentencing, then maybe an appeal. But these stages aren’t separate. What happens at trial shapes what’s possible at sentencing, and what happens throughout the totality of proceedings determines what issues survive on appeal.

We prepare for all three from day one.

The fight over evidence starts before trial. At the omnibus hearing, we challenge the admissibility of statements you gave and evidence taken during a stop or search, and we test whether the state has probable cause to proceed at all. A ruling at that stage can reshape a case or end it. If the case does go to trial in Hennepin County District Court, the state has to prove every element of the charge beyond a reasonable doubt. That’s the highest burden in our legal system. We test the state’s evidence through cross-examination, object to evidence the state tries to put in front of the jury, and present the defense theory to a jury of twelve Hennepin County residents drawn from the county’s jury pool. Every objection we raise, every motion we make, builds the record. That record matters later.

Sentencing in Minnesota follows the Minnesota Sentencing Guidelines, which assign a presumptive sentence based on the severity of the offense and the person’s criminal history score. Judges can depart from the guidelines upward or downward, but they need stated reasons on the record. We work toward the lowest lawful sentence available. That might mean arguing for a downward departure, proposing treatment or conditions, or presenting mitigating evidence the court hasn’t seen yet.

And if something went wrong at trial or sentencing, the appeal is where we raise it. Both David Lundgren and Adam Johnson are admitted to the Minnesota Court of Appeals, the Minnesota Supreme Court, the U.S. Court of Appeals for the Eighth Circuit, and the United States Supreme Court. They’ve argued cases at the appellate level. An appeal isn’t a second trial, it’s a review of the legal decisions the trial court made. Did the judge let in evidence that should have been excluded? Was a jury instruction wrong? Those are the questions an appellate court answers.

Here’s what most people don’t realize. If an issue wasn’t raised or preserved at trial, it usually can’t be raised on appeal. That’s why trial preparation and appellate thinking can’t be split apart.

You work with the same partner through all of it. No handoff to a different lawyer for sentencing. No referral to someone else for the appeal. One defense, start to finish. Contact us about trial and appeal representation.

Frequently Asked Questions

What happens right after I’m arrested in Minneapolis?

If the offense calls for pretrial detention, you will be booked at the Hennepin County jail on 4th Avenue South, which means fingerprints, a photo, and paperwork. For many misdemeanors, you may be released within hours on your own promise to appear. For felony or certain domestic assault charges, a judge must set release conditions first, which can mean staying in jail until a hearing. Your first court date, the arraignment, usually happens within 36 hours if you’re still in custody. Calling us before that hearing can change how it goes.

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

It depends on what kind of misdemeanor you’re facing. A petty misdemeanor isn’t even a crime under Minnesota law and carries a fine but no jail time, so you may be able to handle it yourself or with a short consultation. But a regular misdemeanor, like fifth-degree assault, can still mean up to 90 days in jail and a $1,000 fine. If jail time is even possible, talk to us before you enter a plea.

How long does a criminal case take in Hennepin County?

A gross misdemeanor DWI might resolve in a few months, while a serious felony in Hennepin County District Court can take a year or longer before trial. Misdemeanors move faster because Fourth Judicial District handles a high volume of low-level cases. Felony cases add a probable cause hearing and potentially more proceedings, which stretches the timeline. Every stage between arrest and resolution is a point where decisions get made, so earlier involvement gives you more options.

What should I bring to my first meeting with a criminal defense attorney?

Bring your complaint or citation, any paperwork from your arraignment, and a written timeline of what happened in your own words. If you have bail conditions or a release order, bring that too. We’ll walk through the charges, explain what the state has to prove, and go over your discovery once it’s available. Coming prepared, even with just a few notes, helps us start building your defense faster and gives you clearer answers at that first meeting.

What’s the difference between a misdemeanor and a felony in Minnesota?

The difference comes down to maximum penalty and where your case is heard. A misdemeanor carries up to 90 days in jail and a $1,000 fine, while a felony can carry years in state prison depending on the offense and your criminal history score. Felony cases also require a probable cause hearing, sometimes called an Omnibus hearing, where we can challenge evidence and file motions.