CRIMINAL DEFENSE

St. Cloud Criminal Defense Attorney Wanda Gierman

When you are facing criminal charges, it is important to have an experienced attorney representing you. A criminal conviction can have long lasting effects on an individual’s life, both personally and professionally. It can be difficult to keep or find a new job after a criminal conviction. Many professionals find it difficult to find employment and continue their careers. It can be difficult to obtain housing, participate in government programs or programs with minors and obtain loans. A criminal conviction can also be expensive with court fees and fines. Speak with defense attorney Wanda Gierman to know your options and protect your life.

Wanda Gierman focuses her practice on criminal defense where she has defended people accused of crimes for over a decade. She not only is a tough litigator in the court room, but a skilled advisor. She analyzes the facts of your case and informs you of the likely possibilities based on her experience, and helps you make decisions on how to proceed forward. Her determination in the courtroom and her kindness in the office is what makes her such dynamic attorney and allows her clients to move forward from a criminal charge.

Criminal Court Hearing Overview

  • Rule 5 Hearing

    Once charges are filed, the rule 5 hearing is where the Judge sets the bail amount and reads the charges and rights of the accused.

  • Rule 8 Hearing

    At this hearing, the defense is provided discovery, the evidence the state has against the accused.

  • Omnibus Hearing

    At this hearing, either party can address any issues in the case which may include challenging probable cause, admissibility of evidence and testimony. The defense enters a plea.

  • Settlement Conference

    The Prosecution and Defense can work out a plea bargain and resolve the case.

  • Jury Trial

    If a plea bargain is not reached, the case proceeds to trial. If found not guilty, the case is dismissed. If found guilty, a sentencing hearing is scheduled.

Your Rights in Criminal Court

In criminal cases, there are two rights which every person is entitled to.  The first is the right of being presumed, or believed, one is innocent until proven guilty beyond a reasonable doubt. The second, is the right to an attorney. An experienced attorney has not only studied the law but has seen hundreds of cases similar to yours play out in court. Ms. Gierman analyzes the facts of your case to see if your rights have been violated anywhere in the process. Wanda Gierman has seen thousands of criminal cases, knows the nuances to get cases dismissed when warranted and analyzes the best defenses for your case.

 

Jury Trial and Burden of Proof

In a civil suit where the issue is money, one party must prove their case by the preponderance of the evidence, or 51%. Then they win. In termination of parental rights case, where one party is seeking to terminate a parent’s right to see their child, the standard is clear and convincing evidence. And in criminal court, the standard is even higher, proof beyond a reasonable doubt. At trial, the jury is instructed to presume the accused is innocent. It is the government’s job to prove guilt beyond a reasonable doubt.

Ms. Gierman analyzes each case from the perspective of what would likely happen if the case were to proceed to trial. This allows her to see what a positive resolution of your case would be. She invites prospective clients to come to the court room and watch her conduct a jury trial. That way you can feel comfortable of how she performs in the court room.

 

Levels of Crimes

In Minnesota there are different classes of crimes with different punishements:

Felony: Any crime where the possible punishment is greater than one year in prison with a fine of a minimum of five thousand dollars. A felony has severe repercussions including loss of civil rights, stigma by employers and society and inability to travel.

 

Gross Misdemeanor: Any crime where the possible punishment is a maximum of one year in jail and a three thousand dollar fine.

 

Misdemeanor: Any crime where there is a maximum of 90 days in jail and one thousand dollar fine.

 

Petty Misdemeanor: This is not a crime and it is not punishable by any jail time. An example is a parking ticket, punishable by a small fine.

 

Time is important, reach out to Wanda Gierman

Criminal charges are complex and have severe life-long consequences. Do not pass up your constitutional right to counsel, have an experienced and aggressive attorney looking after your future. Contact Gierman Law for your Free consultation and case analysis.

We look forward to representing you