A criminal charge can change the direction of your life quickly. Whether you were stopped by Rochester Police on Broadway Avenue late on a Friday night, arrested after an incident near the U.S. Highway 52 corridor, or served with a summons tied to charges filed at the Olmsted County Government Center, the moment you learn charges are pending is the moment the clock starts running.
At Bird, Stevens & Borgen, P.C., we represent people facing criminal charges throughout Rochester and the surrounding communities of southeastern Minnesota. Our criminal defense law firm understands that the people who walk through our door are not defined by the worst moment of their lives. They are employees, parents, students, healthcare workers, and business owners who need sound legal guidance and a committed advocate standing beside them.
This page covers the types of criminal charges we handle, what you may be up against, and why early legal representation can make a meaningful difference in how your case unfolds.
People often focus on whether they will go to jail. That is a reasonable concern. But a conviction carries consequences that can follow you long after any sentence is served.
Depending on the charge and outcome, a conviction may affect:
The stakes are real. That is why understanding what you are facing, and acting on it early, matters so much.
Minnesota criminal cases move through the Olmsted County District Court. This court handles original jurisdiction over criminal matters ranging from misdemeanors to felonies.
After an arrest, the process generally includes:
A defendant, meaning the person charged with a crime, has constitutional rights at every stage of this process. Those rights include the right to remain silent, the right to an attorney, and the right to challenge evidence presented by the prosecution. Understanding those rights and using them correctly can significantly affect how a case develops.
A few things tend to complicate criminal cases in ways that are entirely avoidable.
Talking to law enforcement without an attorney present is one of them. People often believe that explaining their side of the story will help. In practice, statements made to police can be taken out of context, misremembered, or used in ways the speaker did not anticipate. The right to remain silent exists for a reason, and exercising it is not an admission of guilt.
Posting on social media about the incident, the charges, or anything related to the case is another area of concern. Prosecutors and investigators regularly review social media accounts. What seems like an innocent comment can become evidence.
Missing court dates, violating conditions of release, or making contact with an alleged victim in violation of a no-contact order can result in additional charges and make a judge far less inclined to be lenient.
Waiting too long to hire a lawyer is perhaps the most consequential mistake. Pretrial motions, license challenges, and plea negotiations all have timelines. Evidence can be lost or unavailable if not preserved early. The sooner an attorney is involved, the more options tend to remain open.
A criminal defense lawyer does more than show up to court. From the moment of representation, our attorneys may:
The value of legal representation is often most visible in what does not happen. Charges that might have been filed as felonies may be resolved as misdemeanors. Evidence that should not have been obtained may be suppressed. A sentence that might have included incarceration may be structured around probation and treatment instead.
We do not promise outcomes. Criminal cases depend on facts, evidence, and decisions made by judges and juries. What we can promise is that your case will receive thorough, experienced attention from attorneys who take your situation seriously.
DWI, which stands for driving while impaired, is one of the most common criminal charges filed in Olmsted County. Minnesota classifies DWI offenses into four degrees, with fourth-degree being the least serious and first-degree being a felony.
For a first offense with no aggravating factors, a fourth-degree DWI is a misdemeanor. For a first-time offense with one aggravating factor, such as a blood alcohol concentration of 0.16 or higher, a child in the vehicle, or a refusal to submit to chemical testing, the charge can rise to a third-degree gross misdemeanor. A gross misdemeanor carries more serious penalties than a standard misdemeanor, including higher fines and possible jail time.
A first-degree felony DWI, which applies to drivers with three or more prior impaired driving incidents within a ten-year period, can carry up to seven years in prison and fines reaching $14,000.
There are also two separate legal tracks after a DWI arrest: the criminal case and the administrative license case. These run independently of each other. Your license can be revoked even if the criminal charges are later reduced or dismissed. Acting quickly on the license issue may preserve your ability to drive while the criminal matter is pending.
Aggravating factors that can elevate a DWI charge in Minnesota include:
Refusal to legally required chemical testing is itself a crime in Minnesota, which often surprises people who assumed refusal was a neutral choice.
We have handled DWI defense in Rochester and throughout southeastern Minnesota for decades. Our criminal defense attorneys know how to evaluate the traffic stop, the field sobriety testing, the breath or blood test procedures, and the chain of custody for chemical evidence. Any one of those areas may present a viable defense strategy depending on the specific facts.
Drug charges in Minnesota cover a wide range of conduct and carry penalties that vary significantly based on the substance involved, the quantity, and whether the alleged conduct involved possession, distribution, or trafficking.
Possession of a controlled substance, meaning having it on your person or within your control, can be charged as a misdemeanor or a felony depending on the drug and the amount. Distribution or trafficking charges, which involve selling, transferring, or moving controlled substances, carry substantially harsher penalties.
Charges may involve:
A critical issue in many drug cases is how the evidence was obtained. If law enforcement conducted a search without a valid warrant or without meeting one of the recognized exceptions to the warrant requirement, the evidence collected during that search may be subject to suppression. Suppression means the evidence cannot be used against you in court. In many drug cases, that can significantly change the trajectory of the prosecution.
We examine the circumstances of every search and arrest carefully. The Fourth Amendment, which protects against unreasonable searches and seizures, is one of the most frequently litigated areas in drug defense.
Assault in Minnesota generally refers to an intentional act that causes fear of immediate harm, or the actual infliction of physical harm. Battery, while sometimes used informally, is typically captured under assault statutes in Minnesota. Assault charges range from misdemeanor fifth-degree assault to felony first-degree assault, depending on the degree of harm alleged and the circumstances involved.
Domestic violence charges involve alleged assault, harassment, threats, or related conduct between people in a domestic relationship, such as spouses, partners, or family members. These cases carry additional legal consequences beyond the criminal penalties themselves. A conviction may result in a no-contact order that affects where you can live and whether you can see your children. It may also affect your right to possess firearms under both state and federal law.
One aspect of domestic violence cases that many people do not anticipate: the alleged victim does not control whether charges are filed or dropped. Prosecutors make that decision independently. Even if the other party does not want to proceed, the state may continue pursuing charges.
If you are facing assault or domestic violence charges in Rochester, whether the incident occurred in a private residence near the Kutzky Park neighborhood, a commercial area along South Broadway, or anywhere else in Olmsted County, the defense process involves careful review of the evidence, witness accounts, prior history, and the specific allegations.
Sex crime charges, including sexual assault, criminal sexual conduct, and related offenses, carry some of the most serious consequences in the Minnesota criminal justice system. Penalties upon conviction can include lengthy prison sentences and mandatory registration as a predatory offender, which can carry long-term consequences affecting where you can live, work, and travel.
These cases often come down to credibility, the timing and circumstances of the allegations, and the quality of the investigation. Physical evidence, digital communications, witness testimony, and the procedures followed by law enforcement all become relevant.
Being charged is not the same as being convicted. Every person accused of a sex crime has the right to a defense, and that defense deserves to be mounted carefully and thoroughly. Our attorneys approach these cases with the seriousness and discretion they require.
Minnesota regulates the possession, carrying, and use of firearms and other weapons. Weapons charges can arise in a variety of contexts, from carrying a firearm without a valid permit to possessing a weapon while under a restraining order, to using a weapon in connection with another crime.
A prior felony conviction can make firearm possession a separate criminal offense under both state and federal law. Weapons charges often appear alongside other charges, such as assault or drug offenses, which can complicate the defense and increase the overall exposure to penalties.
The specific facts of how the weapon was discovered, whether it was legally owned, and whether the person had lawful authority to possess it are all central to the defense.
Property crimes cover a broad range of conduct. Shoplifting, which involves taking merchandise without paying, is one of the most frequently charged offenses in retail-heavy areas of Rochester, including commercial corridors near Apache Mall and along Highway 52. Theft charges can range from a petty misdemeanor for small-value items to a felony for larger amounts.
Burglary involves entering a building without authorization with the intent to commit a crime inside. It is treated more seriously than simple theft and can be charged as a felony even when no one is home and no confrontation occurs.
Fraud and related white-collar crimes, such as identity theft, check fraud, or financial crimes committed in a business or professional context, may be charged at the state or federal level depending on the circumstances. These cases often involve extensive paper trails, digital records, and financial documentation. The investigation may have been underway for months before charges are filed.
Property crime and fraud charges can affect professional licenses, security clearances, and employment. Early legal involvement can help ensure that your rights during any investigation are protected, and that critical evidence is preserved or challenged appropriately.
Fraud and other white-collar crimes often involve allegations tied to money, records, business dealings, or false statements. These cases may include identity theft, check fraud, credit card fraud, insurance fraud, forged documents, misuse of funds, or financial misconduct in a professional setting.
Unlike some criminal cases, fraud investigations often begin long before charges are filed. Prosecutors or investigators may review bank records, emails, account activity, business documents, or employment records before the accused person even knows they are under investigation.
A fraud conviction can affect more than your criminal record. It may also put your job, professional license, reputation, or future employment opportunities at risk. If you are contacted about a fraud allegation, it is important to speak with an attorney before trying to explain the situation on your own.
If you or someone you care about is facing criminal charges in Rochester, Olmsted County, or the surrounding region, do not wait to seek legal counsel. The earlier an attorney is involved, the more opportunity exists to evaluate the case, protect your rights, and pursue the best available outcome.
Bird, Stevens & Borgen, P.C. represents clients charged with DWI, drug offenses, assault, domestic violence, sex crimes, weapons charges, property crimes, fraud, and a wide range of other criminal matters. We serve Rochester and communities throughout southeastern Minnesota.
Contact our law office to schedule a consultation and speak with an attorney about your situation.
To schedule a free initial consultation with a lawyer from our firm, contact us online now. You may also call our offices in Southern Minnesota or the Twin Cities. To reach our location in Rochester, call 507-282-1503. To reach us in Bloomington, call 612-421-0526. We are always happy to answer questions about important legal matters.
