Dennis Fisher | Criminal Defense Lawyer

Photo of Dennis D. Fisher
Dennis D. Fisher

Each criminal case is unique. As a criminal defense lawyer, it is my job to assist you through the entire process, including a trial and an appeal, if necessary.

Your case may involve some or all of the following issues:

KNOW YOUR RIGHTS - Frequently Asked Questions

  1. What should I do if I'm questioned by the police? | Answer

  2. Will what I say be used against me? | Answer

  3. Do police always have to read me my Miranda rights before questioning me?
    Answer

  4. Can the police stop me on the street and ask me questions even if I have done nothing wrong? | Answer

  5. Can I walk away from a police officer who is asking me questions? | Answer


  6. What if I answer some of the police officer's questions and change my mind, can I refuse to answer any more questions? | Answer

  7. Can a police officer threaten to arrest me for something if I do not answer his questions? | Answer

  8. Can I help myself by answering a police officer's questions? | Answer

  9. Do I have to take a lie detector test? | Answer

  10. What if a police officer wants to talk to me about a crime that I committed, is it ever a good thing to answer and try to talk my way out of the situation? | Answer

  11. What is a Miranda warning? | Answer

  12. Do I Need a Lawyer? | Answer

  13. What if I am not poor enough for a court appointed lawyer, must I hire my own lawyer? | Answer

  14. What do criminal defense lawyers do? | Answer

  15. How do I get a Court Appointed Lawyer? | Answer

  16. What is a Private Criminal Defense Lawyer? | Answer

  17. What do I do if I am in custody? | Answer

In my experience of 25 years handling criminal cases, here are some things to keep in mind:

  1. If you are questioned by police, silence is the best strategy. Silence is golden. It is a valuable and protected right.
    You have a right not to answer questions from the police. In our system, the police are duty bound to solve crimes. You do not need to help the police make a case against you. Whatever you might say as an explanation has a way of helping the police. Talk only to a lawyer. You do not have to talk to police without a lawyer present.
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  2. Remember, anything you say will be used against you.
    As part of their job, police officers try to get the suspect to make admissions or statements against the suspect's interest. The police receive training in interrogation techniques. They can lie, use tricks, or pretend to be friendly. That is their job. Silence is your best response. It is your right to remain silent under the Fifth Amendment of the U.S. Constitution and U.S. Supreme Court decisions.
  3. Do police always have to read me my Miranda rights before questioning me?
    No. The Miranda warnings are required to be read to a suspect who is arrested or in custody.
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  4. Can the police stop me on the street and ask me questions even if I have done nothing wrong?
    Yes. Even if you have done nothing wrong a police officer can ask you questions, ask to search you, ask to search your car or anything you are carrying, packages, backpacks, luggage. There are limits to what an officer can ask, but if the officer does or says nothing to suggest to you that you must comply with his "request" to answer questions, or consent to a search he is just doing his job. Remember: you are not required to answer police questions or consent to a search of any kind.
  5. Can I walk away from a police officer who is asking me questions?
    Unless the officer has cause to arrest you or some "reasonable suspicion" to stop and frisk you for weapons or contraband, every person has the legal right to walk away from the officer. However, running away may give the officer the cause he needs to pursue you. Walk, don't run.

    Keep in mind that you do not know what the officer may know. For example, he may have information that you do not know. Most of the time you do not know why he has asked you questions.

    Try to make sure that the police officer does not intend to keep you from leaving by arresting you. You might ask, "I have somewhere to be and I want to leave. Am I free to leave?"

    Common sense tells you that if a police officer says you are not free to leave, then you should remain, but you do not have to answer questions. Whether the police officer has made a correct decision to detain you is best left for your lawyer to challenge in court.
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  6. What if I answer some of the police officer's questions and change my mind, can I refuse to answer any more questions?
    Yes, you can. It is your call. Tell the officer you do not want to talk anymore.
  7. Can a police officer threaten to arrest me for something if I do not answer his questions?
    It depends on all the facts in play, but police have broad powers to make arrests to maintain public safety laws such as disorderly conduct, presenting false identification, and similar local laws.
  8. Can I help myself by answering a police officer's questions?
    Yes, sometimes. But you do not know what the officer knows. Police officers may be interested in eliminating the innocent as much as gathering evidence to convict the guilty. You would benefit from talking to a lawyer first before answering police questions.
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  9. Do I have to take a lie detector test?
    No. Frequently the police use lie detector tests to get confessions. Often at the conclusion of a lie detector test, the operator will tell you that you failed the test. Lie detector tests are not scientific, they are inaccurate, and simply a tool the police have to get information from you. You have an absolute right to refuse to take a lie detector test even if you know you have nothing to hide.
  10. What if a police officer wants to talk to me about a crime that I committed, is it ever a good thing to answer and try to talk my way out of the situation?
    No. You can almost never talk your way out of a situation. Silence is golden.
  11. What is a Miranda warning?
    Miranda warnings apply in instances where police arrest you. Police give the warnings and often minimize their importance because that is their job. You give up two valuable rights when you answer questions after the Miranda warnings are given:

    • The Fifth Amendment right to remain silent.
    • The Sixth Amendment right to have a lawyer present during questioning.

    If you are in custody, police can question you at the scene of the crime, in jail, even at your residence. Except for traffic stops, once a police officer detains a person and deprives him of freedom of action in any way, the person is in custody and the Miranda warning requirement applies. Always choose to talk to a lawyer first before talking to police. It is your right not to help the police make a case against you with your own words.
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  12. Do I Need a Lawyer?
    It is almost always better to be represented by a lawyer in a criminal case. Most criminal defendants choose to be represented by a criminal defense lawyer, especially when a jail term or prison sentence is possible. The reason is that it is difficult for a person to represent himself competently in a criminal case. Very few, perhaps one in one hundred, criminal defendants choose to represent themselves.

    Lawyers are costly. If you qualify financially, the court will appoint a public defender to represent you. Having a lawyer when you are facing jail or prison time is a right guaranteed by the Constitution. However, the definition of legal indigence varies in most states and under federal court guidelines. Not everyone qualifies for a public defender and in some cases the court may require partial payments for the services of a public defender, depending on the defendant's ability to pay.
  13. What if I am not poor enough for a court appointed lawyer, must I hire my own lawyer?
    Although a lawyer's services are costly, if you do not qualify for a court appointed lawyer and you are facing a jail or prison term, you are almost always better off hiring a criminal defense lawyer. Call me for an appointment to discuss your case.

    Criminal defense lawyers are specialists by training and experience to handle your case. Each criminal case is unique and presents many variables that even well educated, intelligent defendants have difficulty dealing with. A criminal defense specialist can provide the representation you need to ensure that justice is done.

    If you need to talk with a criminal defense lawyer or know someone who does, call me at 218.236.1925 (office) or 701.361.1451 (mobile). Dennis Fisher, Attorney and Counselor at Law. Your first meeting is free.
    • Trial lawyer since 1978
    • Former Assistant United States Attorney
    • Experienced in all North Dakota, Minnesota, and Federal Courts
    • Captain, United States Naval Reserve (retired)
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  14. What do criminal defense lawyers do?
    Criminal lawyers do more than appear with you in court or simply question witnesses in court. For example, defense lawyers:

    • Negotiate plea agreements with prosecutors, which often result in reduced charges or lesser sentences. Generally, prosecutors are not inclined to talk with defendants representing themselves. Most cases are resolved through negotiation. Perhaps as few as five in one hundred cases actually go to trial. You need someone to represent your interests effectively. That is the job of a criminal defense lawyer.

    • Assist in obtaining sentencing programs tailored to the accused person's background. The object is to help the defendant avoid future problems in the criminal justice system.

    • Help the client understand the consequences of pleading guilty, which the person without a lawyer would miss.

    • Help the client with the lawyer's experience as a sounding board and reality check from a knowledgeable and detached viewpoint. You want someone who has the experience to analyze the facts of your case and assist you in understanding the potential outcomes.

    • Devote the time to your case that you cannot spend yourself, such as gathering the evidence, interviewing witnesses, preparing motions, doing legal research, and preparing your case. Witnesses may be frightened of talking to a person accused of a crime, but may talk to a lawyer or a defense investigator.

    • Are knowledgeable about local customs and procedures that are not written and that the unrepresented person would miss or misinterpret.
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  15. How do I get a Court Appointed Lawyer?
    You must apply for a court appointed lawyer by asking the court to appoint one at government expense.

    You must give details under oath, usually in a written application for appointment of counsel, concerning your ability to pay for a lawyer. This usually includes a list of your income and expenses, rent or housing costs, food, clothing, transportation, credit card or other debt, and other necessary living expenses.

    Remember, court appointed lawyers and public defenders are specialists in criminal defense. They usually provide representation that is at least as competent as a private defense lawyer. The reality is that no matter their level of competence, the majority of public defenders are asked to do too much work for too little pay.
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  16. What is a Private Criminal Defense Lawyer?
    Typically, the private criminal defense lawyer has had several years' experience working for a government agency (state or federal) as a prosecutor or a public defender. I was an Assistant United States Attorney in Chicago and North Dakota for nearly 20 years before entering private practice.

    Realistically, it is also typical for criminal defense attorneys to ask to be paid in advance. This is difficult for someone in custody without the help of family members or friends who will advance money for a retainer.

    If you have had satisfactory representation as a criminal defendant in the past, it makes sense to call the lawyer you have had a relationship with. It is your case and you choose your lawyer. Choose carefully and wisely. Your case and your future depend on it.

    One approach to obtaining the services of a criminal defense lawyer is to seek a referral from:

    • A lawyer who practices civil law in your area may know a criminal lawyer who can assist you.

    • Other sources of referrals are family members or friends, clergy, doctors, or other professionals.

    • Bail bondsmen often know criminal defense attorneys because of their contact with the criminal justice system.
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  17. What do I do if I am in custody?
    The first order of business for someone in custody is to secure bail and get out of jail. Once you are out of custody, you can shop for a criminal defense lawyer using the referral sources above or others. Your frame of mind will be better when you are out of custody.

    If you are not in custody and need the services of a criminal lawyer, follow the referral process above. Call me to discuss your case. If I cannot help you, I will refer you to someone who can.

    Another way to check out what lawyers do and to get a first hand impression is to sit through some criminal court hearings in your local courthouse: 1) watch how various lawyers perform; 2) obtain a business card after the hearing, if you see a lawyer you want to talk to, and 3) make an appointment as soon as possible to discuss your case.

    Your first meeting with me is free. I will help you assess your case. You make the decision on whether you want legal representation. It is an important decision. Your future will depend on your decision.

    Often private criminal defense counsel do not charge for an initial consultation. The interview and meeting process is aimed at building a foundation for an attorney-client relationship. I routinely meet with prospective clients without charge to discuss their cases, issues and possible defenses.

    While I can probably help you, it is a good idea to talk to at least two lawyers and to do some comparative shopping. Ask about the lawyer's experience on different types of cases. You should be comfortable with whomever you choose.

    Remember, there are no guaranteed results in criminal cases. In some cases a lawyer may express confidence in the strength of your case, but it should not be in absolute terms. Beware of lawyers making promises about the outcome of your case. There are too many variables for anyone to predict the outcome.

    Generally, you will be expected to enter into a retainer agreement with your criminal lawyer. The agreement is a written contract between you and the lawyer that typically tells you in brief form that he will handle your criminal case in exchange for stated fees for professional services. Retainer agreements are often structured with so much as a down payment with later payments depending on the complexity of the case, motions to be filed, hearings to attend, or a trial to prepare for. Appeals, if any, are usually separate matters subject to a different retainer agreement.

    Remember, you will be expected to pay for legal services before the lawyer begins work on your case. There are no contingency fee arrangements in criminal cases as there are in some civil damages cases. Contingency fee arrangements are unethical under the lawyers' Rules of Professional Conduct.

If you need to talk with a criminal defense lawyer or know someone who does, call me at 701-298-9363 (office) or 701-361-1451 (mobile). Dennis Fisher, Attorney and Counselor at Law. Your first meeting is free.

C O N T A C T     M E   |   Dennis Fisher

TELEPHONE: 701-298-9363 | MOBILE PHONE: 701-361-1451
E-MAIL: dfisher@ndjustice.com