Former Prosecutor Serving Minnesota And Wisconsin Since 1992

Strong Criminal Defense From A Former Stillwater Prosecutor

Were you arrested in Washington County? Was your college-aged child charged with a serious crime? When you need experienced and aggressive criminal defense, the Thole Law Firm can help. From his office in Stillwater, attorney represents clients throughout the St. Croix River Valley in Minnesota and Wisconsin, as well as out-of-state clients who may be facing charges in Washington County.

As a former prosecutor for Washington County, criminal defense lawyer has tried most misdemeanor and felony charges. Since 2005, he has put his practical trial experience to work in helping clients protect their rights and interests against:

  • Violent crimes: Murder/homicide, rape, sexual assault, assault/aggravated assault, armed robbery, arson, gun charges/weapons violations, terrorist threats and obstructing an officer
  • Internet crimes: Child pornography, internet solicitation of a minor, identity theft, credit card fraud and other online crimes
  • Drug crimes: Possession, intent to sell, sale and distribution, prescription drug crimes, drug conspiracy and federal drug trafficking
  • Theft crimes: Grand larceny, burglary, robbery, automobile theft, petty theft and shoplifting
  • White collar crimes: Various types of fraud, embezzlement, employee theft, forgery and other financial theft charges
  • DUI/DWI and traffic violations: Drunk driving, OUI/OWI (in Wisconsin), reckless driving, vehicular manslaughter, driving on a suspended license or fleeing state patrol or a police officer

is likely familiar with the prosecutors and judges who are involved in your case. He and his experienced legal team examine all options that protect clients’ immediate and long-term interests. He does not accept plea bargains that do not live up to this goal, and he is fully prepared to defend clients all the way to the appellate court if needed.

FAQ: Criminal Defense In Minnesota

Facing criminal charges or investigations can be overwhelming. The answers to these common questions can help illuminate your situation.

What should I do if I’m being investigated for a crime? Should I cooperate with the police?

It is critical to protect yourself from the outset. While cooperating with law enforcement may seem logical, anything you say can be used against you later. Investigators are trained to elicit potentially incriminating statements, even if you believe you are merely trying to clarify the situation.

Before answering questions, contact a defense attorney who can guide you through the process and act as a buffer between you and law enforcement. Early intervention can sometimes prevent charges from being filed or limit their severity.

What should I do after an arrest?

Your first priority should be to remain calm and avoid making any statements to the police. You do not have to answer questions, and you should clearly state that you wish to speak with an attorney. Do not resist arrest, even if you believe it is unjust, as doing so could lead to additional charges.

Once in custody, you will be informed of your rights and may be scheduled for a bail hearing. Contact a criminal defense lawyer as soon as possible to begin building your defense and safeguard your rights throughout the process.

How does the bail process work, and what are my options for posting bail?

In Minnesota, bail is a financial guarantee that you will return to court for future proceedings. Judges may set bail based on offense severity, your criminal history and your flight risk. Bail can be posted in two primary ways:

  • Cash bail: You pay the full amount directly to the court. If you comply with all court appearances, the money may be refunded.
  • Bail bond: You pay a nonrefundable fee (typically 10%) to a licensed bail bondsman, who posts the full bail on your behalf.

In some cases, the court may release you on your own recognizance or impose conditions such as electronic monitoring or travel restrictions. A defense attorney can advocate for the least restrictive terms possible.

What is the difference between a misdemeanor and a felony?

Minnesota classifies crimes into four categories:

  • Petty misdemeanors: Noncriminal violations punishable by fines only
  • Misdemeanors: Punishable by up to 90 days in jail and/or a fine approaching $1,000.
  • Gross misdemeanors: Up to one year in jail and fines reaching $3,000.
  • Felonies: Felony convictions are punishable by over a year in prison and significant fines.

Felonies pose lasting consequences, including loss of voting rights, firearm restrictions and barriers to employment, making a strong defense essential.

What are the potential consequences of a criminal conviction?

A conviction can impact nearly every aspect of your life. Depending on the offense, consequences may include:

  • Jail or prison time
  • Fines and restitution
  • Probation or supervised release
  • Loss of professional licenses
  • Immigration consequences for noncitizens
  • Damage to reputation and employment prospects

Beyond the immediate penalties, a criminal record can follow you for years. That’s why it’s vital to work with a defense attorney who will fight to minimize or eliminate these consequences.

How do I handle a situation where I’ve been charged with a crime related to mental health or substance abuse?

Minnesota courts recognize that mental health and substance use disorders often intersect with criminal behavior. If your charges stem from such issues, you may be eligible for treatment-based alternatives, including:

  • Mental health court or drug court: Specialized programs focused on rehabilitation rather than punishment
  • Conditional discharge: Potential prevention of jail time by completing counseling, treatment or other court-ordered conditions

A skilled defense attorney can help present your circumstances in a way that encourages the court to consider treatment options. These programs not only reduce recidivism but also support long-term recovery and stability.

Can I get a reduced sentence or alternative sentencing options?

Yes, Minnesota law allows for sentencing alternatives in many cases, especially for first-time offenders or those facing nonviolent charges. Options may include:

  • Stay of adjudication: The court delays judgment while you complete probation.
  • Diversion programs: Charges may be dismissed upon successful completion.
  • Community service or treatment: May be possible in lieu of jail time.

Your attorney can negotiate with prosecutors and push for a sentence that reflects your circumstances, history and potential for rehabilitation. These alternatives can significantly reduce the long-term impact of a conviction.

Can I get my criminal record expunged or sealed?

Expungement is the legal process of sealing your criminal record from public view. In Minnesota, you may qualify if:

  • Your case was dismissed or you were acquitted.
  • You completed a diversion program.
  • You served your sentence and remained law-abiding for a designated period.

Expungement can help restore access to housing, employment and education. The process involves filing a petition and attending a hearing, where the court weighs your rehabilitation against the public interest. An attorney can help you determine eligibility and prepare a compelling case.

Contact The Thole Law Firm For A Free Consultation

When you need skilled criminal defense, contact the firm by calling 651-300-7389 to schedule a free initial consultation. Attorney Thole has the hands-on experience and agility to protect your rights and interests.