When your freedom is at stake, you need experienced defense attorneys
who know the courts, know the prosecutors and know how to fight for
the best possible outcome.
When you’re facing criminal charges, the stakes couldn’t be higher. Your freedom, your career, your family and your future are all on the line. At Birkholz Law, our criminal defense attorneys have decades of combined experience representing clients throughout Southern Minnesota.
We handle every type of criminal case from DWI and drug charges to assault, theft, sex offenses and juvenile crimes. Our attorneys know the Southern Minnesota courts, the local prosecutors and the judges. This local knowledge combined with aggressive defense strategies gives our clients a real advantage.
Every criminal case is different and every client deserves a defense strategy tailored to their specific situation. We don’t believe in one-size-fits-all approaches. We investigate thoroughly, challenge the evidence and fight for the best possible outcome whether that means dismissal, reduced charges or acquittal at trial.
Our founding attorney spent years as a prosecutor. We know how the other side builds their case and where it breaks down.
We practice in Southern Minnesota courts daily. We know the judges, the prosecutors and the local procedures.
We’re prepared to take your case to trial if that’s what it takes to protect your rights and your freedom.
You’ll have direct access to your attorney. We return calls promptly and keep you informed at every stage.
Click any area below to learn more about your specific charge and how we can help.
First offense to felony DWI, implied consent hearings, license revocation, breathalyzer challenges and ignition interlock requirements.
Possession, sale and manufacturing charges from 5th-degree misdemeanor to 1st-degree felony. Drug court and diversion options.
5th-degree misdemeanor through 1st-degree felony assault. Self-defense, mutual combat and affirmative defense strategies.
Shoplifting through felony burglary. Intent challenges, restitution negotiation and first-offense diversion options.
Allegations with no physical evidence, voluntary interview traps, forensic challenges and comprehensive defense with confidentiality.
Sealing criminal records under Minnesota’s expanded expungement statute. Restore your record, your rights and your opportunities.
Restoring firearm rights after qualifying convictions through expungement, pardon and restoration proceedings.
Felon in possession, unlawful carry, federal firearms charges and defense against weapons-related allegations.
Juvenile adjudications, adult certification opposition, diversion programs and protecting your child’s future record.
Criminal vehicular operation, hit and run, reckless driving and license reinstatement proceedings.
The most serious criminal charges in Minnesota carrying potential sentences of more than one year in state prison and fines up to $35,000 or more. Examples include criminal sexual conduct, 1st-degree assault, felony DWI and drug sales. A felony conviction results in loss of firearm rights, voting restrictions while incarcerated and significant barriers to employment and housing.
Often underestimated, gross misdemeanors carry up to one year in county jail and fines up to $3,000. Examples include 2nd-offense DWI, domestic assault (1st offense) and criminal vehicular operation. These charges serve as priors that enhance future penalties and can impact professional licenses.
Carrying up to 90 days in county jail and a $1,000 fine, misdemeanors include 1st-offense DWI, petty theft, disorderly conduct and 5th-degree drug possession. Even a misdemeanor creates a criminal record visible on background checks that can affect employment, housing and immigration status.
While not technically a crime, petty misdemeanors carry fines up to $300 and can appear on background checks. Some petty misdemeanors serve as priors that elevate future offenses to misdemeanor level. Examples include minor traffic violations and certain first-time offenses.
No. You have the absolute right to remain silent under the 5th Amendment. Politely decline to answer questions and ask for an attorney. Anything you say can and will be used against you. Even seemingly innocent statements can be taken out of context and used to build the prosecution’s case.
A felony carries a potential sentence of more than one year in state prison. A gross misdemeanor carries up to one year in county jail and a $3,000 fine. A misdemeanor carries up to 90 days in jail and a $1,000 fine. A petty misdemeanor is a fine-only offense up to $300. All levels can have lasting consequences on your record.
Minnesota has one of the broadest expungement statutes in the country. Many offenses are eligible for expungement, including some felonies. The process involves petitioning the court and demonstrating rehabilitation. An attorney can evaluate your specific situation and advise on eligibility and timing.
Fees vary depending on the complexity of the case, the charge level and whether the case goes to trial. We offer an appointment to discuss your case and provide transparent fee information upfront. Many clients find that investing in quality defense saves them significantly in the long run through reduced charges, avoided jail time and preserved employment.
Your first appearance (arraignment) is where you are formally advised of the charges against you, your constitutional rights are explained and you enter an initial plea. You should have an attorney before this hearing. The judge may also set bail conditions and future court dates.
Not every criminal charge results in jail time. Many factors influence sentencing including the severity of the charge, your criminal history, the circumstances of the offense and the strength of your defense. An experienced attorney can often negotiate alternatives to incarceration such as probation, community service, treatment programs or diversion.
Dan Birkholz and Zachary Webster did their amazing legal work with passion, dedication and pure altruism. I don’t know how to thank you enough for representing me and bringing the best possible outcome.
Jeff
Every day without an attorney is a day the prosecution builds a
stronger case. There is no risk in calling. There is significant risk in
waiting. Request an appointment today.
Award-winning law firm serving Southern Minnesota for over 50 years. Dedicated to protecting your freedom, rights and family.
121 St. Andrews Court Mankato, MN 56001
209 Armstrong Blvd South St. James, MN 56081
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