Criminal Law
- Drunk Driving
- Drug Possession
- Domestic Abuse
- Assaults
- Thefts
Borseth Law Office has experience in representing defendants accused of criminal conduct. Eric Borseth has had success in representing defendants in trials to the jury and trials to the court. Criminal charges are classified into two categories, misdemeanors and felonies. Misdemeanors have three levels that carry with them more extensive penalties as the charges become more serious, there are simple, serious, and aggravated. Simple misdemeanor carries with it a maximum penalty of thirty days in jail where as an aggravated misdemeanor carries with it a maximum penalty of two years in jail. Felonies are categorized in four different levels, D, C, B, and A. “D” felonies carry with it a maximum five years in prison, “C” felonies maximum ten years in prison, “B” felonies maximum twenty-five years in prison and “A” felonies lifetime imprisonment. A few class “B” felonies carry a maximum sentence of fifty years in prison. Felonies also carry certain penalties that impair your citizenship, including losing your right to vote. Additionally some crimes carry sentences that vary from the general maximum and minimum penalties.
Criminal prosecutions all follow the same procedure. After your arrest or citation you must make an appearance before the court. This appearance is designed to make sure you are charged in your true and correct name, you are in fact the person charged, and you understand the charges being leveled against you. The next step is the arraignment where you enter your plea to the charge being pursued by the State. Your options are guilty or not guilty.
The next step is the Pre Trial Conference. At this stage the county attorney will explore different options of pleas and sentencing. You will try to work out the best plea agreement possible with the State and present it to the Court. If you aren’t able to work out a plea agreement then you will go to trial. All felonies are tried to a jury unless waived by the defendant. Simply misdemeanors are tried to the judge unless a jury demand is made. If you are convicted of the crime by the judge or jury then the next phase in the procedure is sentencing. The judge will always issue the sentence. Your attorney and the county attorney will have an opportunity to present evidence and arguments concerning what they believe would be the appropriate sentence.
A common criminal charge is drunk driving or operating while intoxicated. It is important to note you are punished both civilly and criminally when you are charged with OWI. The county attorney will pursue criminal charges while the Department of Transportation pursues civil penalties affecting your ability to maintain your driver’s license. These prosecutions are separate and distinct from each other. The DOT handles all of the civil penalties while the criminal court will handle the criminal prosecution. If you have been arrested for drunk driving you should contact an attorney for legal representation. You should have representation whether you want to work out a plea agreement or try to contest the charge It is always important to have representation at each stage of the process to protect your rights.