1. Jack Rice Defense
Practice Focus: Felonies, sex crimes, murder, DWI/DUI, drug offenses, domestic assault, juvenile defense, professional license defense
Case Types Handled: Murder, sexual assault, child pornography, DWI, drug charges, domestic assault, theft crimes, weapons charges, probation violations, juvenile crimes, federal crimes
Legal Services: Trial defense, pre-charge representation, grand jury representation, plea negotiations, appeals, expungement, probation violation defense, professional license protection
Background: Jack Rice has practiced criminal defense in Minnesota since 1997. He earned his J.D. from the University of Minnesota Law School. Rice is an MSBA Board Certified Criminal Law Specialist, a distinction held by fewer than 3% of Minnesota attorneys. He is a former prosecutor and former U.S. Central Intelligence Agency Officer. Rice received the Minnesota State Bar Association Professional Excellence Award for 2020, the Minnesota Attorney of the Year Award for 2021, and has been recognized as a North Star Lawyer for pro bono service. He has been selected as a Minnesota Super Lawyer multiple years.
Location: 600 Inwood Avenue North, Oakdale, MN 55128
Contact: (651) 447-7650 | https://www.jackricelaw.com
Consultation: Free confidential consultation available
2. DeVore Law Office, P.A.
Practice Focus: DWI/DUI defense, criminal sexual conduct, drug crimes, white collar crimes, violent crimes, federal court defense
Case Types Handled: DWI, criminal sexual conduct, drug offenses, theft, fraud, embezzlement, money laundering, gun crimes, assault, federal crimes
Legal Services: Trial defense in state and federal courts, plea negotiations, appeals, expungement, license reinstatement, bail hearings
Background: Kevin W. DeVore earned his J.D. from William Mitchell College of Law in 1996 and has practiced criminal defense for over 20 years. He is an MSBA Board Certified Criminal Law Specialist. DeVore is admitted to practice in Minnesota, Wisconsin, U.S. District Court District of Minnesota, and U.S. District Court District of North Dakota. He has handled nearly 100 trials in both state and federal court and has been selected as a Minnesota Super Lawyer consecutively since 2004. He is a member of the National College for DUI Defense.
Location: 724 Bielenberg Dr, PMB 110, Woodbury, MN 55125
Contact: (651) 435-6500 | (651) 230-7960 | https://www.devorelawoffice.com
Consultation: Free initial consultation, available 24/7
3. Mark D. Kelly Criminal Defense, LLC
Practice Focus: State and federal criminal defense, DWI, drug charges, assault, sex crimes, probation violations
Case Types Handled: Felonies, misdemeanors, DWI/DUI, drug possession, assault, sex crimes, theft, domestic violence, weapons charges, federal crimes, probation violations
Legal Services: Trial defense, appeals, plea negotiations, pre-charge investigation representation, probation violation defense, federal court representation
Background: Mark D. Kelly has represented clients in the Minnesota criminal justice system for over 30 years. He holds a B.A. in Criminal Justice/Philosophy of Law from St. Cloud State University. Kelly is a Bar-Certified Specialist in Criminal Defense by the Minnesota State Bar Association, a distinction awarded to fewer than 3% of attorneys in the state. He is admitted to practice in U.S. District Court, District of Minnesota since 2000. He represents individuals in both state and federal court, as well as the Minnesota Court of Appeals.
Location: 1539 Grand Avenue, St. Paul, MN 55105
Contact: (651) 310-1402 | [email protected] | https://www.markdkellylaw.com
Consultation: Consultation available by appointment
4. Leverson Budke, PLLP
Practice Focus: DWI defense, expungements, gun rights restoration, drug charges, domestic assault, felony and misdemeanor defense
Case Types Handled: DWI, drug offenses, domestic assault, theft crimes, gun rights restoration, expungement, felonies, misdemeanors, assault, weapons charges
Legal Services: Trial defense, plea negotiations, expungement petitions, gun rights restoration, record sealing, post-conviction relief, appeals
Background: Nicholas Leverson and Steven Budke practice exclusively in criminal defense. Steven Budke (Bar #0396402) earned his J.D. from William Mitchell College of Law in 2014, graduating Cum Laude. He is admitted to practice in Minnesota and the 8th Circuit. Both attorneys have been adjunct professors at William Mitchell College of Law and Mitchell Hamline College of Law, teaching Criminal Law and Constitutional Criminal Procedure. The firm won a unanimous decision in the Minnesota Supreme Court on a gun rights restoration case. Recognition includes Top 100 Trial Lawyers by the National Trial Lawyers and selection as one of the 2020 Best DUI Lawyers in St. Paul by Expertise.com.
Location: 295 Marie Ave E, Suite 240, West St. Paul, MN 55118
Contact: (651) 829-3572 | [email protected] | [email protected] | https://www.leversonbudke.com
Consultation: Free consultation available, 24/7 phone availability
5. Rogosheske, Rogosheske & Atkins, PLLC
Practice Focus: Criminal defense, DWI, drug crimes, sex offenses, domestic assault, murder, violent crimes, traffic violations
Case Types Handled: DWI, drug offenses, sex crimes, domestic assault, murder, robbery, assault, traffic violations, theft crimes, felonies, misdemeanors
Legal Services: Trial defense, plea negotiations, appeals, post-conviction relief, license defense, expungement
Background: This firm has practiced law in South St. Paul for over 70 years with more than 80 years of combined experience among its attorneys. Paul W. Rogosheske earned his B.A. from Hamline University (cum laude, 1975) and J.D. from William Mitchell College of Law (1978). He was admitted to practice in 1979 and is licensed in Minnesota, Wisconsin, and U.S. District Court of the District of Minnesota. He served as First Judicial Circuit Assistant Public Defender and as president of the Dakota County Bar Association. He was named one of the Top 40 Criminal Defense Attorneys in Minnesota by Minnesota Law and Politics from 2007-2010 and holds an AV Preeminent peer-review rating from Martindale-Hubbell. Alexander W. Rogosheske earned his J.D. from Hamline University School of Law in 2010 and also handles criminal defense matters through the First Judicial Public Defender in Hastings.
Location: 105 Hardman Court, Suite 110, South St. Paul, MN 55075
Contact: (651) 413-9004 | https://www.rogo-law.com
Consultation: Consultation available by appointment
Criminal Defense Regulations in Minnesota
Minnesota requires attorneys to pass the Uniform Bar Examination (UBE) with a scaled score of 260 or higher to be admitted to the bar. The exam is administered twice yearly and covers criminal law and procedure among other subjects. Attorneys must hold a J.D. from an ABA-accredited law school and demonstrate good moral character. The Minnesota Lawyer Registration Office oversees attorney licensing.
The Minnesota State Bar Association offers Board Certification in Criminal Law through an accredited specialty certification program. Fewer than 3% of Minnesota attorneys hold this distinction. To become certified, attorneys must demonstrate substantial involvement in criminal law, complete at least 30 hours of continuing legal education in the specialty area within the prior three years, pass a written examination, and maintain good standing with the bar. The National Board of Trial Advocacy also certifies attorneys in Criminal Law in Minnesota.
Minnesota attorneys must complete 45 hours of Continuing Legal Education every three years, including three hours of ethics and two hours of elimination of bias in the legal profession.
The Minnesota Board of Public Defense provides representation to individuals who cannot afford private counsel. Eligibility is determined through a financial screening process. Public defender services are available in all 87 counties through district public defender offices.
Minnesota classifies offenses as follows: Felony (imprisonment for one year or more), Gross Misdemeanor (imprisonment for more than 90 days up to 364 days and/or fine up to $3,000), Misdemeanor (imprisonment up to 90 days and/or fine up to $1,000), and Petty Misdemeanor (not a crime, fine only up to $300).
Pretrial release in Minnesota is governed by the Minnesota Constitution, which guarantees the right to bail for all defendants before conviction. Judges must release individuals without specific conditions unless release would endanger public safety or not reasonably assure appearance. Courts consider 13 specific factors when setting conditions of release. Statutes require a pretrial bail evaluation for defendants accused of felony crimes of violence.
Minnesota abolished the death penalty in 1911. The state does not have capital punishment.
Minnesota’s expungement laws (Minn. Stat. Chapter 609A) allow sealing of criminal records for certain offenses after waiting periods: one year for successful completion of diversion or stay of adjudication, two years for petty misdemeanor or misdemeanor convictions, three years for gross misdemeanor convictions (reduced from four years in 2023), and four years for certain enumerated felonies (reduced from five years in 2023). Over 50 felonies are eligible for expungement, primarily fraud and drug crimes. Automatic expungement for qualifying offenses began January 1, 2025. First and second-degree felonies, offenses requiring sex offender registration, and violent felonies are generally not eligible.
Minnesota has habitual offender statutes that enhance sentences for repeat offenders, particularly for DWI (with escalating penalties for second, third, and subsequent offenses) and certain violent crimes.
Frequently Asked Questions
Q: How long does it take for a criminal case to go to trial in Ramsey County?
A: In Ramsey County, criminal cases are processed through the Second Judicial District Court. Misdemeanor cases typically proceed more quickly than felony cases. Minnesota’s speedy trial rule requires that a defendant in custody be brought to trial within 60 days of a demand for speedy trial, while defendants released on bail have 120 days. However, continuances and complex case factors often extend these timelines. Felony cases involving extensive discovery, expert witnesses, or multiple defendants may take several months to over a year to reach trial. The Ramsey County Attorney’s Office and defense counsel often engage in plea negotiations that may resolve cases before trial.
Q: What are the penalties for a first-time DWI offense in Minnesota?
A: A first-time DWI in Minnesota is typically a misdemeanor punishable by up to 90 days in jail and/or a $1,000 fine. Administrative penalties include driver’s license revocation for 90 days to one year depending on circumstances. Aggravating factors (such as a blood alcohol concentration of 0.16 or higher, refusing a chemical test, or having a child under 16 in the vehicle) can elevate the charge to a gross misdemeanor with enhanced penalties of up to one year in jail and $3,000 in fines. First-time offenders may be eligible for diversion programs or reduced charges through plea negotiations. Ignition interlock device requirements may apply.
Q: How does the bail system work in Ramsey County?
A: In Ramsey County, defendants appearing at the Ramsey County Adult Detention Center receive a custody review within 48 hours of arrest. A judge determines conditions of release, which may include release on recognizance (ROR), conditional release with supervision or monitoring, or monetary bail. The Minnesota Constitution requires that judges set an unconditional bail amount for all defendants except those charged with first-degree murder. Project Remand, a nonprofit organization, has provided pretrial services in Ramsey County since 1973, offering alternatives to detention. The Ramsey County Pretrial Justice Council works to improve the pretrial system while prioritizing community safety.
Q: What crimes are eligible for expungement in Minnesota?
A: Minnesota allows expungement for petty misdemeanors, misdemeanors, gross misdemeanors, and over 50 enumerated felonies after completing sentence and remaining conviction-free for the required waiting period. Eligible felonies primarily include nonviolent offenses such as fifth-degree controlled substance crimes, certain fraud offenses, and cannabis-related offenses. Crimes ineligible for expungement include offenses requiring sex offender registration, certain violent crimes, and offenses where the victim was under age 13. As of August 2024, the waiting periods are: one year after diversion or stay of adjudication, two years for misdemeanors, three years for gross misdemeanors, and four years for qualifying felonies. The Minnesota Attorney General’s Office offers assistance through the HelpSealMyRecord.org program.
Q: What diversion programs are available in Ramsey County for first-time offenders?
A: Ramsey County offers several diversion and alternative sentencing programs. Adult diversion programs may be available for first-time offenders charged with certain nonviolent offenses, allowing charges to be dismissed upon successful completion. Drug Court programs provide treatment-focused alternatives to incarceration for defendants with substance abuse issues. Veterans Treatment Court serves eligible veterans with treatment and support services. Stay of adjudication allows defendants to complete probation without a formal conviction on their record. Mental health court and other specialty courts address underlying issues contributing to criminal behavior. Eligibility and availability depend on the specific offense, criminal history, and prosecutor discretion.