Why Rice County is a Tough County to Be Charged In

I have practiced in Rice County for over 6 years, and the majority of my cases have been here.  I've practiced in 10 other counties, and I have found Rice County to be unique among them.  The reasons are as follows:

You're in Northfield, Fairbault, Morristown, Lonsdale, Dundas or similar location, and you've been charged with a crime.  What makes Rice County different from others?  Three things.

1. Tough enforcement.
2. Trained Law Enforcement
3. Speed.

Tough Enforcement

You're in Rice County.  Rice County was once one of the most deadly counties for drunk driving deaths.  That's been reduced through enforcement, and they’re not about to let up now.  You may have heard of DWI being routinely reduced to careless driving in the cities if you have no criminal history, but that doesn't happen out here.  If your BAC is 0.08 or more, the authorities are going to see this to the bitter end.

Rice County sits on Interstate 35W, affectionately referred to by the DEA as the "Meth Corridor."  All drug crimes in this County are prosecuted with relentless determination, ensuring that you plead to a drug crime and serve the time and/or probation that the sentencing guidelines call for.  Beyond the local police and sheriff, an organization known as “The South Central Drug Investigation Unit” utilizes state of the art technology, inside informant intelligence, and speedy warrant procurement to secure evidence of drug crimes.  It’s important to have an attorney that knows the players and the procedures utilized by all agencies in Rice County.

Rice County has resources and shelters for alleged victims of domestic abuse, and these work side by side with law enforcement.  If you've been charged with domestic assault in Rice County, they will do everything in their power to ensure that you are convicted of domestic assault, with the corresponding collateral consequences of restricted employment, restricted state employment, and firearms restrictions.

Both Northfield and Faribault High Schools have “School Liaison Officers”.  Since the awful events of Columbine and subsequent school shootings, schools have opted to put police officers into schools full time, espoused to protect the safety of kids.  Strictly speaking, however, the purpose of a police officer is not to simply keep your kids safe.  The purpose of law enforcement is to detect any and all crime, and report it to the County.  Locker room fights and single narcotic possessions used to be addressed by school officials and parents, and now they are all forwarded to the County Attorney for juvenile delinquency charges.  Rice County has a full time juvenile prosecutor dedicated to juvenile delinquencies, and if your child has committed any act that meets the elements of a criminal offense, they will be charged.  Children in school have a limited right against search and seizure in schools, but they also have special protections against interrogation and self-incrimination.  The juvenile world is a special area of practice, and it’s important that your attorney has experience in this area.

Trained Law Enforcement

Because of the trial volume in Rice County, law enforcement is accustomed to testifying in court.  Law enforcement is extremely well coached in the law out here, and they know exactly what they have to say in order to establish probable cause, reasonable suspicion, and credibility, even if the actual facts differ substantially from what has taken place.  It's not enough for you to have confidence in the truth or the facts of your case.  

The fact remains that the court and juries place immense faith in the badge, and your word against theirs will not prevail.  In determining probable cause or reasonable suspicion, the Court can base their findings off the "training and experience" of the officer.  That means that any officer can say "based on my training and experience, what I saw indicates that criminal activity was taking place."  That alone might be enough for them to search your car, your person, and your belongings.  It will be very important that your attorney knows some of the training law enforcement has gone through, and can challenge the basis for their alleged "experience" in just about every circumstance imaginable.


Speed

The entire court schedule of Rice County is essentially shoved into two months.  Perhaps more than any other factor, this distinguishes Rice County from any other County.  Within a week of your arraignment, whether you are in jail or not, you will likely be scheduled for your first appearance WITH COUNSEL.  The County expects you to hire a lawyer within a week of first appearing.  After that, you'll have an omnibus hearing within a month.  That's the hearing when you'll be expected to enter a plea of guilty or not guilty.  You have basically five weeks to make a decision that will change your life.  Will you convict yourself of a crime as the County or City asks you to, or will you put up a fight and at least present SOME evidence and investigate the circumstances?  Is it worth something to you to ensure that the police did their job right, that the crime you're charged with fits your actions, and that the punishment you face is just?  Five weeks.  You have five weeks to make a decision.

Should you make the decision to go to trial, you will need to present evidence that has proper foundation, meaning that you can ensure its authenticity.  There is an entire police department or sheriff’s department that has collected, and can continue to collect evidence against you.  They interview witnesses, and spin it however they want.  How certain are you that the truth will be known?

Rice County prides itself on aggressive prosecution, and that is the duty of any local government.  However, the system is run by fallible human beings, and mistakes are made and errors are reported as fact like anywhere else.  If you're charged with a crime in Rice County, don't just hang your head in shame and give up.  Getting to the fight right away and presenting a defense early can make all the difference.  Consult several lawyers, and be sure they know a thing or two about Rice County.