Answers To Common Criminal Defense Questions
When you are facing a criminal charge, knowing your rights is essential. The law firm of Oleisky & Oleisky, P.A., serving the Twin Cities region, has assembled some of the most common questions asked by clients needing criminal defense representation.
Frequently Asked Questions: Criminal Defense
What is the difference between a misdemeanor, a gross misdemeanor and a felony?
A misdemeanor charge carries a maximum penalty of up to 90 days in jail and a $100 fine. A gross misdemeanor carries a maximum penalty of one year in jail and a $3,000 fine. A felony offense carries a minimum penalty of one year and one day and a fine in excess of $3,000.
The police took my driver’s license. Can I challenge this?
Yes, but you must file a petition for judicial review to challenge your license revocation within 30 days. This is commonly referred to as an “implied consent petition.” Please contact Oleisky & Oleisky, P.A., for information on your specific case.
If I don’t challenge the revocation of my Minnesota driver’s license, what steps must I take to get it reinstated?
You will need to pay a $680 reinstatement fee and take a written test and you may need to speak to a driver evaluator to receive a limited license (work permit). You may be eligible to drive immediately upon enrollment in an ignition interlock program if your revocation is related to a DWI/DUI charge.
How long can my driver’s license be revoked after a DWI/DUI offense?
Each situation is different, but for a first-time DWI offense with a blood alcohol content (BAC) of between .08% and .15%, it will be revoked for 90 days. You may get a limited license or work permit after 15 days. A first-time refusal or BAC of .16 or higher results in license revocation for one year. You will be required to have an ignition interlock device installed in your vehicle. If this is your second or third offense, call Oleisky & Oleisky, P.A., for counsel, as each situation is different.
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