Felony Defense in Minneapolis: Direct Access to the Attorney Handling Your Case

What Counts as a Felony in Minnesota

Minnesota doesn’t sort felonies into classes like A, B, or C. Each felony offense has its own statute that spells out the maximum prison sentence and fine. That sentence can range from a few years to life without release, depending on the charge.

A felony is any crime that carries a potential sentence of more than one year in state prison. That’s the line. If the maximum penalty is less than one year, it’s a misdemeanor or gross misdemeanor. Anything above that is a felony under Minnesota law.

Some examples help make this real. A fifth-degree drug possession charge under Minn. Stat. § 152.025 can carry up to five years in prison. Second-degree assault under Minn. Stat. § 609.222 carries up to seven years. Criminal sexual conduct in the first degree under Minn. Stat. § 609.342 carries up to 30 years. A conviction for first-degree murder under Minn. Stat. § 609.185 carries a mandatory life sentence.

We see people surprised by what counts as a felony. A fourth DWI within ten years can be charged as a felony. So can certain theft offenses once the dollar amount crosses the statutory threshold. What starts as a bar fight can become a felony assault charge if the injuries are serious enough or a weapon was involved.

A felony conviction in Hennepin County or anywhere in Minnesota can create a permanent criminal record. It can block you from jobs, housing, voting rights during incarceration, and firearm ownership. The Hennepin County Government Center at 300 South Sixth Street in downtown Minneapolis handles a high volume of felony cases, and the Fourth Judicial District moves those cases on a fast-paced schedule. Missing a deadline or a hearing date can make things worse fast.

A felony charge is not a felony conviction. Those are two different things. The charge is where the process starts. What happens next depends on the facts, the evidence, and the defense built around your case from day one.

First 24 to 48 Hours After a Felony Arrest

You got a call. Or maybe you’re the one who was just released from the Hennepin County jail on Fourth Avenue. Either way, the clock is already running.

After a felony arrest in Minneapolis, a few things happen fast. An arrested person who is not released must be brought before the nearest available judge of the county where the alleged offense occurred. The defendant must be brought before a judge without unnecessary delay, and not more than 36 hours after the arrest, exclusive of the day of arrest, Sundays, and legal holidays, or as soon as a judge is available. At the first appearance, a judge will read the charges, set conditions of release, and may also set bail. What happens at that hearing can shape the rest of the case.

We see this every week. Someone gets arrested on a Friday night, sits in jail through the weekend, and shows up Monday morning without a lawyer. By then, decisions have already been made for them. Bail is set higher than it needed to be, and conditions are stricter than the facts call for.

The first 24 to 48 hours matter for another reason. Evidence is still fresh. Witnesses remember details, and surveillance footage hasn’t been overwritten yet. If we’re involved early, we can send our private investigators to document a scene or locate witnesses before things change. That work can’t be done later. It can only be missed.

Here’s what you should do right now if you or someone you know was just arrested on a felony charge:

• Ask for a lawyer before answering any questions
• Call us so we can appear at the first hearing with you

Both partners at our firm, David Lundgren and Adam Johnson, handle felony cases directly. You won’t be passed to a junior associate. Our phones are answered 24 hours a day, including holidays. That’s not a voicemail system. A person picks up.

The goal at this stage is simple. We want to get you out of custody on reasonable conditions and start building the defense before the prosecution locks in its version of events. Waiting even a few days can close doors that don’t reopen.

How Felony Cases Move Through Minneapolis Courts

Most felony cases in Hennepin County start at the Hennepin County Government Center on Fourth Avenue South. That’s where you’ll appear for your first hearing, usually within 36 hours of arrest. The judge reads the charges, sets conditions of release, and decides bail. It moves fast, it feels overwhelming, and what happens at that hearing can have a large impact.

After the first appearance comes the omnibus hearing. This is where we may challenge the state’s evidence. Did police have a valid reason to stop you? Was the search lawful? Were your rights read before questioning? If the answer to any of those is no, we file motions to suppress that evidence. The court has to rule on those motions before the case goes further.

Minnesota Rule of Criminal Procedure 15.01 gives the court a framework for accepting guilty pleas, but a plea is never the only path. We look at every option before that point. Our guide to Minnesota sentencing explains what happens after a plea or verdict, including PSI reports and the Guidelines grid.

Between the first appearance and trial, there’s a period of discovery and negotiation. The state turns over police reports, lab results, body worn camera footage, and witness statements. We review all of it. We bring in private investigators or forensic consultants when the facts call for it, and we share what we find with you so you can make informed decisions about your case.

If the case goes to trial, it’s held in front of a judge or jury. Hennepin County handles the largest criminal caseload in Minnesota, so scheduling can stretch out over months. That timeline works in your favor sometimes, but sometimes it doesn’t. We talk through the strategy at every stage.

One thing people don’t expect is how many court dates a felony case involves. Five, eight, sometimes more before anything is resolved. Each one matters. Skipping even one can result in a warrant or increased bail. You work directly with one of our two partners at every appearance, not a junior associate you’ve never met. That’s how we practice, and it’s been that way since we opened in 2016.

When a Public Defender May Be Enough

Not every felony case requires a private attorney. That’s the honest answer.

If you can’t afford to hire a lawyer, the Hennepin County Public Defender’s Office will represent you. Minnesota law requires it. The attorneys there handle serious cases every day in the downtown Minneapolis courthouse, and many of them are good at what they do. If you qualify financially, you shouldn’t feel ashamed to use that right.

So when might a public defender be enough? A straightforward first-time felony with a clear plea offer and limited consequences beyond the criminal case itself. If the facts aren’t disputed, the evidence is what it is, and the offer on the table is reasonable, a public defender can walk you through that process. They know the judges. They know the prosecutors. They do this work constantly.

Here’s what we see over and over. Public defenders in Hennepin County carry enormous caseloads. That’s not a knock on them. It’s a staffing problem. A single attorney might handle hundreds of open files at once. That means less time to review discovery, less time to meet with you, and less time to dig into the details that could change the outcome of your case.

Ask yourself a few questions. Does your case involve conflicting witness accounts? Is there physical evidence that needs independent testing? Are there constitutional issues with the search or the arrest? Could a conviction affect your immigration status, your professional license, or your ability to live where you live? If the answer to any of those is yes, the stakes may call for more attention than an overloaded public defender can give.

And if you don’t qualify for a public defender because your income is too high, you’ll need to hire someone regardless. The court won’t appoint one for you.

We offer free consultations for a reason. Call us at (612) 767-9643 and we can talk through what you’re facing, what a public defender could do for you, and whether private representation would make a real difference. Sometimes the answer is that you’re fine where you are. We’ll tell you that straight.

Building a Defense With Investigators and Experts

The police report is one side of the story. It’s not the whole picture. We treat every felony case as something that needs its own independent investigation, because that’s what it takes to build a real defense.

We bring in private investigators when the facts call for it. That might mean tracking down witnesses the police never talked to. It might mean visiting the scene weeks or months later to photograph conditions the officers didn’t document. In Hennepin County cases, where incidents often happen in dense areas like the blocks around Hennepin Avenue or near transit corridors, witness accounts can differ sharply from what ended up in the complaint. Those differences matter.

Forensic consultants play a big role in certain cases. Drug weight analysis, DNA testing methods, digital forensics for computer crime charges, blood alcohol science in felony DWI cases. We’ve seen lab results that looked damning on paper fall apart once a qualified consultant reviewed the testing procedures. Not every time, but often enough that we don’t take lab conclusions at face value.

So what does this look like in practice? Say you’re charged with assault under Minn. Stat. § 609.222 and the state’s case rests on one person’s account plus a medical record. Our investigator interviews other people who were present. A medical consultant reviews whether the injuries are consistent with what the complainant described. These are the kinds of details that can reshape how a jury sees the evidence, or how a prosecutor evaluates the strength of their own case before trial.

This work costs money. We’re honest about that. But skipping it to save on fees is a bad trade when you’re facing years in prison. We talk through what investigation makes sense for your case during the free consultation, so you know what we’re recommending and why before any work begins.

Both David Lundgren and Adam Johnson handle this directly. You won’t hear about your case secondhand from a junior associate. The partner on your case is the one reviewing every piece of evidence and directing every part of the investigation.

Frequently Asked Questions

What happens at my first court hearing after a felony arrest in Minneapolis?

If you are in custody, with few exceptions, you’ll appear in front of a judge within 36 hours at the Hennepin County Government Center on Fourth Avenue South. This is called a Rule 5 appearance. The judge reads your charges, sets bail, and decides your release conditions. What happens here can impact future proceedings, so having a lawyer with you at this hearing matters. Going in alone often means higher bail and stricter rules than the facts call for.

Should I talk to police after a felony arrest?

No. Ask for a lawyer before answering any questions. This holds true whether you were arrested in Minneapolis or anywhere in Hennepin County. Police are trained to gather statements. Your job right now is to protect yourself and wait for legal help.

How long does a felony case take to resolve in Hennepin County?

Most felony cases involve five to eight court dates or more before they’re resolved. Hennepin County carries the largest criminal caseload in Minnesota, so trial scheduling can stretch across many months. Between hearings, your lawyer reviews police reports, lab results, and body worn camera footage during discovery. This timeline can work for you or against you depending on the evidence. Missing even one court date can trigger a warrant or increased bail.

What is an omnibus hearing and why does it matter for my case?

An omnibus hearing is where your lawyer challenges the evidence the state plans to use against you. This includes questioning whether police had a valid reason to stop you or whether a search was lawful. If your rights were violated, your lawyer files motions to suppress that evidence before the case moves forward. Winning at this stage can weaken the state’s whole case, sometimes before trial ever becomes necessary.

Can I get out of jail while my felony case is pending in Minneapolis?

Yes, in most cases a judge sets bail or release conditions at your first hearing. Having a lawyer present at that Rule 5 appearance can mean the difference between reasonable conditions and unnecessarily strict ones. Waiting through a weekend without representation often leads to higher bail being set by default. Getting a lawyer involved fast gives you a real chance to argue for fair release terms right away.

Will I work with an attorney directly, or get passed around?

You’ll work directly with one of our two partners at every appearance in your felony case. David Lundgren and Adam Johnson handle these cases themselves, not junior staff. Our phones are answered 24 hours a day by a real person, including holidays. This matters most in the first 24 to 48 hours after an arrest, when evidence is fresh and decisions made early can affect everything that follows.