Criminal Defense Process

Arrest and Filing Complaints

Arrest

A law enforcement officer may arrest a person if he or she has probable cause to believe that a person has committed a specific crime. When an arrest is made, the person accused of a crime may be ticketed and released, or taken into custody and transported to the police station. At the police station they are fingerprinted and booked.

Filing a Complaint

The Summons and Complaint is mailed to the Defendant. This document will inform the person of the charges. There are four levels of offenses in Minnesota.

Petty Misdemeanor – Examples of petty misdemeanors include minor traffic offenses such as speeding. A person will not serve jail time if they are convicted of a petty misdemeanor. The maximum penalty is a $300 fine. Typically, a formal Complaint is not issued in petty misdemeanor cases. Instead, the person receives a ticket. A petty misdemeanor is not a criminal offense.

Misdemeanor – Examples of misdemeanor cases include: disorderly conduct, thefts of $500 or less where a dangerous weapon was not involved, first time DWI where the reading was .08 or more but less than .20, and first time 5th degree assault. The maximum penalty for a misdemeanor is 90 days in jail and/or a $1000 fine. Typically, a formal Complaint is not issued in misdemeanor cases. Instead, the person receives a ticket, also called a tab charge. If the Defendant wants a formal Complaint from the prosecutor, either he or his lawyer (if he is represented by an attorney), must request a formal Complaint.

Gross Misdemeanor – Examples of some gross misdemeanors include but are not limited to: first time DWI with test result .20 or more, some repeat DWI offenses, fifth degree criminal sexual conduct, and certain theft charges where a dangerous weapon was not used and the amount of the alleged theft was more than $500 but not more than $1,000. The maximum penalty for a gross misdemeanor is one year in jail and/or a $3000 fine.

Felony – Examples of felonies include: murder, armed robbery, most drug offenses, most criminal sexual conduct offenses, criminal vehicular operation where there was substantial or great bodily harm to another person, a fourth DWI offense within a period of 10 years, and theft where the amount of the alleged theft is over $1,000. The maximum penalties for a felonies range from a year and a day in prison up to life imprisonment, depending on the type case. Maximum fine amounts also vary based on the severity level of the alleged offense.