What can I do to help my case?

First, don't speak to the police or an opposing attorney without your own counsel present. Though they may seem sympathetic, you run the risk of incriminating yourself. The standard “anything you say can and will be used against you” really is true. It is rare that you would have to talk to anyone without your attorney present if you say you want your attorney there. Second, cooperate with your attorney. Attorneys are bound by the attorney-client privilege and confidentiality. Whatever you tell your attorney stays with your attorney. Your attorney will only tell the opposing side what is necessary to comply with the rules of discovery and to help you with your case. Remember, your attorney represents you—your attorney is on your side. You have everything to gain by being honest with your attorney and cooperating.

Do you do a lot of trials?

Yes. Ryan is a board certified Criminal Law Specialist, which means that Ryan has met the requirements of having many jury trial days. Ryan was in three weeks of straight jury trials in March of 2012. The first was a Felony First Degree Assault and First Degree Burglary where the client was acquitted on the most serious charges and the second was a two-week First Degree Criminal Sexual Assault jury trial.

Can you guarantee a result?

No. If I could, then my legal fees would be 10 times what they are now. If an attorney tells you they can make a guarantee about the result in your case, you should stand up and walk out of their office. No attorney can ethically guarantee a result. The guarantee of a result implies that your fee is refundable if your lawyer is unsuccessful. Such a fee would then be contingent on the outcome of the case. The ethical rules governing the behavior of attorneys forbid an attorney from entering into an arrangement for a contingent fee in a criminal case. If an attorney guarantees a result, ask them to put it in writing. If they will not reduce it to writing, they lied to you. You need an attorney that will be honest with you, one who will give you the bad news as well as the good. The best way to judge an attorney is to research the attorney’s results and reputation.

Should I talk to the police?

A good friend of mine had a mounted walleye on his wall, and under it was a plaque that said, “if only I had kept my mouth shut I would still be alive” . . . enough said. You are rarely under an obligation to talk to the police. If they approach you, you should say you want your attorney present. Often times, your attorney will get in touch with the person who is questioning you and tell them that you are represented and any communication must go through the attorney.

I’m scared — what should I tell my family?

Nothing. Until you talk to an attorney. Anything you tell anyone else has the potential to be used against you. Sometimes your family (or whomever you talk to) can be required to testify in court. This isn’t always the case, of course, but it’s a possibility. Talk to your attorney about what you should or shouldn’t say and who you can talk with.

Should I try to handle the case myself?

Handling your case alone is called going “pro se.” It’s possible and people do it, but navigating through the court rules, the Rules of Evidence, and the Rules of Criminal Procedure can be very difficult and overwhelming. So, the answer to the question is: Sure, if you have the confidence of performing heart surgery on yourself, then have at it. If not, call a good lawyer, trust me, you will need one.

Why is important to hire a reputable attorney?

There are many, many criminal defense attorneys. Most prosecutors know the attorneys that will try cases and the attorneys that “talk the talk” but don’t “walk the walk.” It is important to hire an attorney who has a reputation of trying cases because your chances of a great plea deal are much better with a real trial attorney. Like most other professions, reputation in the legal community is very important. It is very beneficial to you, the client, to have an attorney who is well-liked and well-respected in the legal community. Attorneys who are on good terms with judges, prosecutors, and other attorneys have a great advantage over those who do not. When the prosecutors and judges like and trust the defense attorney, they are more likely to listen to and work with what the defense proposes.

Do I really need an attorney?

The answer to this question depends upon the nature of your charges. In most cases, if you retain an experienced criminal attorney, you have a much better chance of prevailing in your case, or receiving a lighter sentence if you are convicted.

What’s a “specialist” and why is it important?

Attorneys must follow Rules of Professional Conduct. The Board that keeps an eye on attorneys takes claims to be a specialist very seriously. Attorneys cannot state that they are specialists unless they also state the name of the certifying organization, which must be accredited by the Minnesota Board of Legal Certification, or, if it’s not, the attorney must state that the certifying organization is not so accredited. Only about 3% of attorneys are certified as a specialist in Minnesota. As of October 2012, only 44 lawyers are certified as specialists by the Minnesota State Bar Association. Ryan Garry is a criminal law specialist. In order to be certified as a Criminal Law Specialist, the attorney must have a certain number of trial hours, be in good standing with the Board of Professional Responsibility, pass a qualification exam, have references from other attorneys and judges, and submit writing samples and court transcripts. The requirements are strict.

COVID-19 Criminal Defense in Minnesota

COVID-19 has brought about a number of new scams and fraud cases. There have been scams aimed at small businesses who are trying to get money through the Paycheck Protection Program (PPP), websites selling personal protective equipment (PPE) that never get delivered, websites selling COVID-19 “cures,” and price gouging. The State has sent letters ordering businesses to stop advertising COVID-19 treatment. The federal government has also announced criminal charges. We expect this to continue so long as COVID-19 remains a serious issue. Ryan Garry and Team is here to help if you’ve been accused of a crime related to the Coronavirus Pandemic. Call us today to setup a Free Consultation!