The first question I ask is: Am I your right choice to fight your criminal charge?

When you hire a lawyer for a criminal matter, you are putting faith and trust into that attorney. How well your attorney does his or her job can affect your future and your freedom. Criminal defense is very serious business, and if I don’t feel like I’m the right fit for your case I will be entirely honest with you and give you the options and knowledge to make the right decision

I am proud of my office’s reputation and record of successful defense, but that doesn’t mean that we’re the best choice for every client. I offer a free initial consultation so that I can review your case, look at the facts, get a sense of how well we can work together, and then give you an honest appraisal of what my office can do for you. Sometimes that means I tell you how I think I can fight your case, and other times it means that I encourage you to find a professional who might better match your needs.

The next question I ask is: Can I give this person’s case the attention it needs?

A criminal case such as a felony violent crime or a large drug charge can require extensive time and effort to fully defend. If I have a large caseload and multiple clients relying on my office for defense, then I have to consider whether adding another case will overextend my office’s time and resources.

If I can’t invest the time or effort it would take to defend a case, I won’t take that case. To take that case might be unfair to clients to whom I have already made a commitment, and it would be unfair to you. When you spend your money on a professional, you should be sure that you are getting his or her best effort.

One of the last questions I ask is: Can I trust this client and do I feel he or she will trust me?

The relationship you build with your lawyer is an important one. Holding back information can potentially damage your case and make a bad situation worse. If I don’t feel like I can connect with a client and convince you that I am on your side, then part of my job is to send you to someone you can trust.  I work to provide the strongest legal defense that I can, and I need to be confident that we can work together, both financially and professionally.

I stand behind my motto of straight talk and honest answers, and work every day to make sure my clients are getting the representation, counsel, and defense they need.

Respect and trust can be hard to come by in criminal defense, but they can be the difference between a successful and unsuccessful case. If you have been charged with a crime and need to find a lawyer, call my office at 612-333-7309 or visit my website at www.fctyler.com to find out more about my approach to client defense.

Copyright 2010  F.Clayton Tyler, Attorney at Law. Text may not be altered or reprinted without permission.

Nonetheless, once this property has been seized by law enforcement, it can be extremely difficult to recover. A forfeiture case is handled almost exclusively in civil court, separately from any proceedings in criminal court.

At the Law Office of F. Clayton Tyler P.A. I work with clients throughout the metro to recover property that was improperly seized and not subject to forfeiture.

Under the state’s forfeiture laws, an officer or law enforcement agency may seize property during a lawful arrest or lawful search under a variety of conditions that include: 1) the property was or will be used during the commission of a felony; 2) the property is dangerous to public safety or; 3) the property represents the proceeds of an offense. The law gives officers significant flexibility to take property, and while it establishes a way for people to fight the seizure, that fight can be a difficult one.

There is almost no limit to the items that police officers can confiscate, including:

·         Money

·         Jewelry

·         Cars

·         Boats

·         Homes

Getting your seized property back, even if you are found completely innocent, or the charges against you are dropped, can require the assistance of a trained attorney experienced in handling forfeiture matters. While a conviction can be used against you in a forfeiture case, a not-guilty verdict or dismissal does not necessarily mean that you automatically recover your items.

The most important first step is to act quickly and get a lawyer involved as soon as possible.

If you wait too long, you may lose your right to bring a suit and recover your money, car, or property.

Forfeiture cases can make up a significant portion of my business, and I understand that police will sometimes seize property that is unrelated to crime. For example, police may seize money during a drug bust that has nothing to do with drugs. If you just cashed a paycheck and happen to have a larger than normal amount of cash on hand, officers may mistakenly assume that the money is part of payment for illegal activities and wrongfully seize your cash.

During a civil forfeiture suit, the government will have to prove that the money is associated with illegal activities. I can work with you to gather evidence to support your case, and recover your property.

To find out more about forfeitures and recovering seized property, call my office at 612-333-7309 today to schedule a free consultation.

Copyright 2009 F.Clayton Tyler, Attorney at Law. Text may not be altered or reprinted without permission.

What every noncitizen should know about criminal charges
First, nearly any criminal charge can potentially impact a person’s immigration status.  In the words of the Supreme Court, “changes to our immigration law [in recent years] have dramatically raised the stakes of a noncitizen’s criminal conviction.”  According to Minneapolis-based criminal defense attorney F. Clayton Tyler, “I have seen people plead guilty to misdemeanor charges expecting to do little more than pay a fine only to find themselves suddenly thrust into removal proceedings.”

Second, federal immigration law can be very different from state criminal law.  As a result, immigration officials may consider an offense deportable even if state courts consider it a misdemeanor or gross misdemeanor.

What if a noncitizen is currently in trouble with the law?
A noncitizen who is in trouble with the law should talk to a lawyer right away.  The noncitizen should look for a criminal defense attorney who has experience defending immigrants and other noncitizens.  It is easiest and most cost-effective to ensure that a case is handled properly from the start, when an experienced attorney can help find solutions designed to prevent removal proceedings.  The attorney should be able to analyze the potential impact on the noncitizen’s immigration status, and be willing to work with an immigration attorney if necessary.

What if a noncitizen was in trouble with the law in the past?
In some circumstances, it may be possible to undo the effect of a criminal conviction.  In particular, this new Supreme Court case seems to open the door to challenge a conviction if an attorney gave the noncitizen bad information about the immigration consequences of the case, or even if the attorney gave no immigration information at all.  However, it is important to act quickly because there are time limits that apply to this kind of relief.  It is also important to consult with an attorney to evaluate the potential benefits, risks, and costs of trying to get a case re-opened.

For more information, contact my offices at 612-333-7309.

Copyright 2009 F. Clayton Tyler, Attorney at Law.

At the Law Office of F. Clayton Tyler P.A in Minneapolis, I provide clients with straight talk and honest answers. I have taken on hundreds of traffic offense and impaired driving cases. I see clients make the same mistakes during a traffic stop, giving officers everything they need to make an arrest and a conviction. Taking a few minutes now to understand how to handle a police officer during a stop can make a huge difference later.

The first thing to understand is that you don’t have to make statements admitting you broke the law.  You don’t have to answer incriminating questions like:

·         Do you know how fast you were going?

·         How much have you had to drink tonight?

·         Do you know why I stopped you?

·         Did you see that stop sign?

Be polite. Be respectful. Give officers identification when they request it, but understand that answers to questions like the ones above can be used to arrest and/or convict you of a crime.

The police aren’t usually asking you the questions because they don’t know the answers. They are asking the questions because they are gathering evidence of a potential crime. Don’t wait until a police officer reads your Miranda rights or puts handcuffs on to stop talking – you have the right to simply and politely refuse to answer questions prior to talking with an attorney.

Under Minnesota’s implied consent laws, if you are arrested police are likely to ask you to submit to a breath, blood, or urine test.  There can be harsh consequences for refusing to provide a sample, and you do have the right to try to contact an attorney before you decide whether to consent.  For most people in most situations, the best option is to submit to the test.  After this test, it is important to have your own test performed so that you have an independent analysis of any test to which you submit.

If you are arrested in within the state of Minnesota, I can provide additional and immediate counsel at the Law Office of F. Clayton Tyler P.A.  (612-333-7309) for clients facing DWI or other traffic charges. As with any criminal charge, the sooner you involve a lawyer in your situation, the more that may be available for your defense.  I can get to work immediately and give you the advice you need to make immediate and informed decisions.

The threshold for being stopped is very low, and the more evidence or reason you provide an officer with to arrest you, the more difficult your case can become. Don’t be combative or argumentative. Simply inform an arresting officer that you are unable to answer questions and that you want to exercise your right to speak with a lawyer.

For more information contact my office at 612-333-7309

Copyright 2009 F. Clayton Tyler, Attorney at Law.

Attempting to handle a juvenile arrest without the advice of a trained attorney experienced in juvenile criminal defense can do more harm than good. For example, even if your child was present but not directly involved while a crime was being committed, he or she can potentially be charged with aiding and abetting, and potentially face serious and lasting criminal penalties. If your child admits to being present for the crime, even while trying to point out that he or she didn’t take part, your child may actually be confessing to aiding and abetting. Similarly, any information you give the police about your child can be used to build a case against your child, even if your intent was to defend him or her.

Police know how to interrogate and ask the right questions to get you or your child to make incriminating statements. This is why it is so important to work with a lawyer as quickly as possible, and to make sure that an attorney is present during any questioning. A polite but strong statement that you and your child have nothing to say until a lawyer is present can make all the difference in your child’s case.

At the Law Office of F. Clayton Tyler P.A., I provide straight talk and honest answers. I have seen time and again how a well-intentioned parent accidently makes a bad situation worse by trying to fix things on his or her own. Whether you believe your son or daughter has done something wrong or not, the first thing you should do when your child is arrested is talk to a lawyer – before telling your child to talk to the police.

The juvenile justice system gives a trained attorney broad opportunities to find solutions that will protect your child and potentially avoid harsh penalties. However, involvement in the juvenile justice system can have significant and lasting penalties. Many parents wrongly believe that a juvenile conviction is essentially wiped away when the child turns 18.

The reality is that a juvenile criminal conviction can have permanent consequences.

It can affect your child’s ability to get an education, to get a job, to get a loan, or to get a home. It can be a factor in any future arrest, and seriously affect how law enforcement and prosecutors deal with your child. When your child is involved with law enforcement, the decisions you make now can have an impact that lasts decades.

Don’t underestimate the damage that can be done if a juvenile is adjudicated as a delinquent. That record can be used against a person throughout his or her adult life and can be an aggravating factor if he or she is later charged with or investigated for a serious crime.

For more information contact my office at 612-333-7309 to schedule a free initial consultation and case review to discuss your specific case.

Copyright 2009 F. Clayton Tyler, Attorney at Law.