Most people have never hired a criminal defense lawyer before. You’re not shopping for a plumber — you’re making a decision that directly affects whether you go to jail, lose your license, or carry a criminal record for the rest of your life.
The problem is that every law firm’s website says the same things: “aggressive,” “experienced,” “fighting for your rights.” None of that helps you distinguish between an attorney who will actually change the outcome of your case and one who will collect a fee and push you toward a plea deal.
Here’s what actually matters when choosing a criminal defense lawyer in Minnesota — from someone who’s been on the defense side of these cases for years.
1. They Practice Criminal Defense — Not Everything
Minnesota law is broad and complex. An attorney who handles divorces on Monday, personal injury on Tuesday, and criminal defense on Wednesday is spreading themselves across legal worlds that require fundamentally different skills, knowledge, and courtroom strategies.
Criminal defense is its own discipline. It requires knowing the Minnesota Sentencing Guidelines, understanding how prosecutors in specific counties build their cases, being current on search and seizure law, and knowing the procedural rules that govern everything from bail hearings to jury trials.
Within criminal defense, specialization matters even more. A lawyer who primarily handles white-collar fraud cases may not be the right fit for a DWI involving DataMaster calibration issues. An attorney who focuses on drug offenses may not understand the unique administrative proceedings that accompany domestic assault charges.
What to ask: “What percentage of your practice is criminal defense?” and “How many cases like mine have you handled in the past year?” If the answer to the first question is less than 75%, keep looking.
2. They Know Your County
Minnesota has 87 counties, each with its own courthouse culture. The prosecutors in Ramsey County operate differently than those in Dakota County. The judges in Hennepin County have different tendencies than those in Washington County. Plea negotiation norms, pretrial diversion availability, sentencing preferences — all of this varies by jurisdiction.
A lawyer who regularly practices in the county where your case is being heard knows these dynamics. They know which prosecutors are open to negotiation and which will push for maximum penalties. They know which judges are receptive to alternative sentencing and which follow the guidelines strictly. They know the local court procedures, administrative staff, and scheduling patterns.
This doesn’t mean you must hire a lawyer whose office is in the same city as the courthouse. It means the lawyer should have active, ongoing experience in that court system — not be walking in for the first time when your case is called.
What to ask: “How often do you appear in [your county] court?” and “Do you know the prosecutor who typically handles these cases?”
3. They Explain Your Case Honestly — Not What You Want to Hear
A good criminal defense lawyer tells you the truth about your situation, even when the truth is uncomfortable. They explain the strength of the evidence against you, the realistic range of outcomes, and the risks of going to trial versus accepting a plea.
Be cautious of any attorney who guarantees a specific result. No ethical lawyer can promise a dismissal, a not-guilty verdict, or a specific sentence. The Minnesota Rules of Professional Conduct explicitly prohibit guaranteeing outcomes. An attorney who does this is either being dishonest or doesn’t understand the unpredictability of criminal cases.
What you want is someone who gives you a clear-eyed assessment: “Here’s what we’re dealing with, here are the strengths and weaknesses, here are the possible outcomes, and here’s the strategy I’d recommend.” That’s the foundation of a relationship you can trust.
Red flag: Any lawyer who promises a specific result during the initial consultation before reviewing the evidence.
4. They’re Responsive and Communicative
Criminal cases create anxiety. You’ll have questions at 10 p.m. on a Sunday. You’ll want updates after a hearing. You’ll need to know what a letter from the court means.
One of the most common complaints clients have about lawyers — across all practice areas — is poor communication. Your attorney doesn’t need to answer the phone at midnight, but they should return calls and emails within 24 hours during the workweek. They should proactively update you after court appearances and significant developments. They should explain legal concepts in plain language, not jargon.
During your initial consultation, pay attention to how the attorney communicates. Are they listening to your concerns or interrupting? Are they explaining things clearly or hiding behind legalese? Do they seem rushed, or are they giving you their full attention?
What to ask: “How will we communicate during my case?” and “How quickly do you typically respond to calls and emails?” Also: “Will I be working with you directly, or will my case be handled by an associate or paralegal?”
That last question matters more than people realize. At some firms, the attorney you meet during the consultation isn’t the one who shows up in court. Make sure you know who will actually be representing you.
5. They Have Trial Experience
Most criminal cases in Minnesota resolve through plea negotiations — but that doesn’t mean trial experience is irrelevant. In fact, it’s one of the most important factors in plea negotiations.
Here’s why: prosecutors know which defense attorneys are willing and able to take a case to trial. An attorney with a reputation for taking cases to trial and winning (or at least fighting hard) gets better plea offers than one who pleads out every case. Prosecutors offer better deals when they know the alternative is a contested trial that consumes their time and carries risk.
An attorney who has never tried a case — or who hasn’t tried one in years — lacks this leverage. They may be competent at negotiating, but they’re negotiating without the implicit threat that motivates prosecutors to offer their best terms.
What to ask: “When was the last time you tried a criminal case?” and “How many jury trials have you handled?” You’re not looking for a specific number — you’re looking for someone who isn’t afraid of the courtroom.
6. Their Fees Are Transparent
Criminal defense fees in Minnesota vary widely depending on the severity of the charges, the complexity of the case, and the attorney’s experience level. Here are typical ranges:
| Charge Type | Typical Fee Range |
| Misdemeanor (e.g., fourth-degree DWI, petty theft) | $1,500 – $5,000 |
| Gross Misdemeanor (e.g., second/third-degree DWI, domestic assault) | $3,000 – $7,500 |
| Felony (e.g., first-degree DWI, drug charges, assault) | $5,000 – $15,000+ |
| Complex Felony / Trial | $10,000 – $50,000+ |
Most criminal defense attorneys charge a flat fee rather than hourly billing. This means you know the total cost upfront. Some charge an initial retainer with additional fees if the case goes to trial.
A higher fee doesn’t automatically mean better representation, and a lower fee doesn’t automatically mean worse. But be skeptical of fees that are dramatically below the market range — it may indicate an attorney who plans to spend minimal time on your case and push for a quick plea.
What to ask: “What does your fee cover?” and “Are there additional costs if my case goes to trial or requires additional hearings?” Get the fee agreement in writing before paying anything.
7. Public Defender vs. Private Attorney: An Honest Comparison
If you can’t afford a private attorney, Minnesota will appoint a public defender for you. Public defenders are real lawyers, licensed in Minnesota, and many are highly skilled. The system handles roughly 150,000 cases per year in state courts.
That said, there are practical differences worth understanding:
Caseload. Public defenders carry enormous caseloads. They may not review your file until the morning of your court date — not because they don’t care, but because they’re managing dozens of other cases simultaneously. A private attorney can limit their caseload and dedicate more time to your case.
Choice. You cannot choose your public defender. You’re assigned whoever is available. With a private attorney, you can interview multiple lawyers and select the one whose experience and communication style match your needs.
Implied consent representation. If you’re charged with DWI, a public defender cannot represent you in the implied consent (license revocation) hearing. That’s a civil proceeding, not a criminal one, and public defenders are limited to criminal matters. You’d need to handle the license case yourself or hire a private attorney for that portion — which means you might end up paying for a lawyer anyway.
Investigation and resources. Private attorneys can hire investigators, retain expert witnesses, and spend time on independent evidence review. Public defenders have access to some of these resources through the state system, but capacity is limited.
The honest bottom line: If you genuinely cannot afford a private attorney, a public defender is far better than no representation at all. But if you can make it work financially — especially for gross misdemeanor or felony charges where the stakes are highest — a private attorney provides advantages in time, attention, and strategic flexibility that can meaningfully affect the outcome.
8. Your Gut Matters
After you’ve evaluated experience, specialization, communication, and cost, trust your instinct. You’re going to work closely with this person during one of the most stressful periods of your life. If something feels off during the consultation — if they seem dismissive, disinterested, or more focused on collecting the fee than understanding your situation — move on.
The right attorney makes you feel heard, gives you a realistic assessment without sugarcoating, and explains what comes next in a way that reduces your anxiety rather than increasing it. You should leave the consultation feeling like you have a plan, even if the situation is serious.
Questions to Ask During Your Free Consultation
Here’s a concise list you can bring to any initial meeting:
- What percentage of your practice is criminal defense?
- Have you handled cases like mine? What were the outcomes?
- How often do you appear in [my county] court?
- Who will actually handle my case day-to-day?
- What is your approach to plea negotiations vs. going to trial?
- When was your last jury trial?
- What is your fee, and what does it cover?
- Are there additional costs if my case goes to trial?
- How will we communicate, and how quickly do you respond?
- What do you see as the strengths and weaknesses of my case?
That last question is the most telling. An attorney who identifies weaknesses in your case during the first conversation — and explains how they’d address them — is someone who’s thinking critically about your defense. An attorney who only tells you what you want to hear is selling, not advising.
Choosing Your Defense at Leverson Budke
We recognize that writing a “how to choose a lawyer” article on our own website puts us in an inherently self-interested position. So here’s our commitment to transparency: if we’re not the right fit for your case, we’ll tell you. If your charges require a specialist we don’t have, we’ll refer you to someone who does. If a public defender is your best option given your circumstances, we’ll say that too.
What we bring to the table: Nick Leverson focuses on DWI defense and criminal defense across the Twin Cities metro area, with specific expertise in the courts of Ramsey, Dakota, Hennepin, and Washington Counties. Steve Budke handles criminal defense and estate planning, with experience as an adjunct professor at Mitchell Hamline School of Law. We’re a two-attorney firm — when you hire us, you work with us directly.
We offer free consultations and we’re available 24/7. If you’re facing charges and want to talk through your options, that conversation costs you nothing.
Frequently Asked Questions
1. How much does a criminal defense lawyer cost in Minnesota?
Fees vary by charge severity: $1,500-$5,000 for misdemeanors, $3,000-$7,500 for gross misdemeanors, and $5,000-$15,000+ for felonies. Most criminal defense attorneys charge flat fees. Get the fee agreement in writing before paying.
2. Should I use a public defender or hire a private attorney?
If you genuinely cannot afford an attorney, a public defender is better than no representation. For gross misdemeanor or felony charges, a private attorney provides advantages in time, attention, and strategic flexibility. Public defenders also cannot represent you in DWI implied consent (license) hearings.
3. Can a criminal defense lawyer guarantee my case will be dismissed?
No. The Minnesota Rules of Professional Conduct prohibit lawyers from guaranteeing specific outcomes. Any attorney who promises a dismissal or acquittal before reviewing the evidence is a red flag.
4. What should I look for in a criminal defense lawyer?
Focus on specialization in criminal defense (not a general practice), experience in your county’s courts, transparent fee structure, trial experience, honest communication, and responsiveness. Ask how many cases like yours they’ve handled in the past year.
5. How quickly should I hire a criminal defense lawyer after being charged?
Immediately. For DWI cases, you have a 14-day deadline to request a license hearing. For all criminal charges, early attorney involvement preserves evidence, protects your rights during any police follow-up, and allows more time to build a defense strategy.
6. Can I switch lawyers after hiring one?
Yes. You have the right to change attorneys at any point during your case. However, switching lawyers mid-case can cause delays and may require court approval if trial dates have been set. If you’re unhappy with your current representation, consult with a new attorney about the transition process.
7. Do I need a lawyer for a misdemeanor charge?
Technically, no — you have the right to represent yourself. But even misdemeanor convictions create criminal records that affect employment, housing, and future charges. A skilled attorney can often negotiate reduced charges, alternative sentencing, or dismissal that a self-represented defendant wouldn’t achieve.
8. What is the difference between a criminal defense lawyer and a trial lawyer?
All criminal defense lawyers should be prepared to go to trial, but not all actively do. Some focus primarily on plea negotiations. When evaluating attorneys, ask about their trial experience — an attorney who takes cases to trial gets better negotiation leverage.
