What to Do If You’re Arrested in Minnesota: A Step-by-Step Guide

Getting arrested in Minnesota is a serious legal matter. Whether it happens unexpectedly or during a criminal investigation, your response in the first minutes, hours, and days can influence how your case unfolds. This comprehensive guide explains the steps you must take immediately following an arrest, outlines your legal rights under Minnesota law, and shows how to avoid critical mistakes that can damage your defense. It is designed to give you or your loved ones clarity and direction in a high-stress situation.

Knowing what to do next isn’t just helpful—it’s necessary.

Step 1: Stay Calm and Comply with Law Enforcement

When law enforcement officers arrest you, stay calm and do not resist. Officers observe and document your behavior from the moment they make contact. Remaining calm and compliant protects you from unnecessary risk and limits the chances of additional charges.

Follow every lawful order the officers give, even if you believe the arrest is unfair. Arguing, making accusations, or physically resisting may lead to charges such as resisting arrest, obstruction of legal process, or disorderly conduct. These charges may be used to build an adverse profile of you in court and can complicate plea negotiations.

Do not make statements about the incident. Officers may ask questions or try to start a conversation while transporting you or during booking. Remain silent and do not provide any details about your version of events. Anything you say, even casually or in frustration, may later be entered into the record and used against you.

Make sure your hands are visible, your movements are slow, and your tone is neutral. Do not speak to others in custody or attempt to explain yourself to jail staff. Limit your communication to essential information such as your name and contact details.

Step 2: Invoke and Protect Your Legal Rights

Under Minnesota and federal law, you have specific rights when law enforcement takes you into custody. It’s essential to assert those rights clearly and without delay.

You have the right to remain silent. You are not legally obligated to answer questions about where you were, what you did, or who else may have been involved in the incident. If you choose to speak, you risk creating inconsistencies that can be used against you later, even if your intentions are honest.

You have the right to legal counsel. You can request to speak to an attorney at any point, and once you do, officers must stop any questioning. Invoke this right clearly by stating: “I am choosing to remain silent and would like to speak with a lawyer.” Do not answer further questions until your attorney is present.

You have the right to be informed of the charges. If you are arrested, officers must inform you why you are being detained. If you are not told this, or if the charges are unclear, note the situation and share it with your attorney as soon as possible.

These rights are not automatic in practice—you must assert them. In Minnesota law, waiting to be “read your rights” is not required unless officers begin a custodial interrogation. By remaining silent and requesting an attorney early, you preserve the strongest possible position for your legal defense.

Step 3: Do Not Answer Questions Without an Attorney

Officers are trained to conduct interviews and obtain statements that may support prosecution. They often initiate these conversations long before you are formally interrogated. They may start with small talk, express empathy, or imply that cooperation will help you. You are not required to participate in these conversations.

Avoid discussing the facts of your case until your attorney is present. Do not try to “clear things up,” justify your actions, or correct false assumptions. Officers may misinterpret your words or present statements out of context. Even if your statement seems harmless or truthful, it may still be used to support the case against you.

You are not required to sign documents, write a statement, or consent to questioning. You can and should continue to invoke your right to remain silent until you have spoken with a lawyer.

Remaining silent does not imply guilt. It is a constitutionally protected right designed to ensure you do not unknowingly harm your defense. The earlier you stop communicating about your case, the more control your attorney has to manage the outcome.

Step 4: Contact a Minnesota Criminal Defense Attorney

The sooner you involve a defense attorney, the better your chances of achieving a favorable outcome. Criminal defense attorneys know how to protect your rights, evaluate the strength of the case against you, and begin building a legal strategy from the start.

An attorney can advise you before formal charges are filed. In some cases, early intervention may lead to fewer charges or even prevent charges altogether. Your attorney can also communicate with law enforcement on your behalf, review the probable cause used in your arrest, and prepare arguments for bail or conditional release.

After your arrest, your attorney will:

• Review the arrest record and identify any procedural errors
• Advise you on bail hearings and possible release conditions
• Begin investigating the facts of your case
• Preserve evidence and identify witnesses
• Act as your voice in court from arraignment through trial

If you cannot call a lawyer directly from custody, ask a family member or trusted contact to do so on your behalf. Choose an attorney who practices regularly in the county where the charges are filed and understands Minnesota law and local court procedures.

You can request a consultation anytime through our firm’s secure form.

Step 5: Understand the Charges and the Legal Process

Every criminal case in Minnesota follows a specific legal path. Understanding each phase of the process helps you prepare and allows you to work more effectively with your attorney.

Once you are booked into jail, the court typically schedules a bail hearing or arraignment within 36 to 48 hours. At that hearing, the court will review the charges and determine whether you can be released before trial. Your attorney will advocate for the least restrictive release terms possible.

The legal process includes several key stages:

1. Booking: Officers gather your personal information, take fingerprints, and document your arrest.
2. Bail or release conditions: The court decides whether you must post bail or follow conditions to stay out of custody.
3. Arraignment: The formal charges are read in court, and you enter a plea of guilty, not guilty, or no contest.
4. Pre-trial discovery: Prosecutors share their evidence with your attorney, including police reports, witness statements, and surveillance footage.
5. Motion hearings: Your lawyer may challenge how evidence was collected or whether certain charges should be dismissed.
6. Trial or plea negotiation: If the case is not resolved through a plea agreement, it proceeds to trial, where the prosecution must prove guilt beyond a reasonable doubt.

Charges in Minnesota fall into four categories, each with distinct penalties:

• Petty misdemeanor: Not considered a crime; punishable by a fine only, up to $300.
• Misdemeanor: Up to 90 days in jail and/or a fine up to $1,000.
• Gross misdemeanor: Up to 1 year in jail and/or a fine up to $3,000.
• Felony: Any crime with a potential sentence of more than 1 year in prison.

Felony convictions carry long-term consequences beyond incarceration, including the loss of civil rights, restrictions on employment and housing, and impacts on immigration status. Convictions relative to driving while intoxicated will have a direct impact on your right to operate a motor vehicle. Your attorney will explain how your specific charges may affect your future and what legal options exist for resolution.

Step 6: Work with Your Attorney and Follow Legal Instructions

Once you have legal representation, your role in the case shifts from reacting to preparing. Your attorney will guide the legal strategy, but your actions influence the outcome.

Be honest and complete in all communications. Share everything you remember about the incident, including small details. If your attorney asks for documents or contact information, provide them immediately.

Help your attorney by:

• Collecting any text messages, photos, videos, or receipts related to the incident
• Listing the names and phone numbers of witnesses who can support your account
• Following all instructions from the court or your attorney without delay

Avoid mistakes that may damage your case. Do not contact the alleged victim or witnesses directly. Do not discuss your case with anyone, even close friends or family. Do not post anything about the arrest or legal process on social media.

Respect any conditions the court sets for your release, such as travel restrictions, sobriety requirements, or electronic monitoring. Violating those conditions can result in immediate detention and new charges.

During the pretrial phase, your behavior influences how prosecutors and judges view your case. Responsible conduct shows that you take the process seriously and are committed to resolving the matter legally.

What to Avoid After an Arrest in Minnesota

The time between your arrest and trial is as important as the incident. Many legal issues arise not from the original offense but from how individuals handle the aftermath. Avoid:

• Talking about your case to anyone but your lawyer
• Missing court dates or failing to follow release conditions
• Ignoring calls or messages from your attorney
• Making social media posts that reference your case, location, or state of mind

Even if a comment seems unrelated, the prosecution may use it to demonstrate intent, credibility, or character. Treat everything you say and do during this period as it may be examined in court.

Legal Guidance After Arrest

The law presumes innocence until guilt is proven in court. However, protecting your rights falls on you and your attorney. You place yourself in the strongest possible position by remaining silent, avoiding mistakes, and working with a qualified criminal defense lawyer.

Patton, Hoversten & Berg, PA provides criminal defense representation across Southern Minnesota. We help individuals facing DWI, drug charges, theft, assault, domestic violence, probation violations, and other criminal offenses. Our team is ready to help you understand your legal position, review your options, and build your defense.

You can request a confidential consultation through our website.

Serving Clients Throughout Southern Minnesota

We represent clients in Faribault, Owatonna, Albert Lea, Janesville, Mankato, Waseca, Northfield, and the surrounding region. If you or someone you know has been arrested, contact our firm to speak with a criminal defense attorney.

Your next move matters. Make it a strong one.

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