What to Expect: The Legal Process for Criminal Charges in Minnesota
(Download a pdf version of this article here.)
Listed below are the basic steps and some general information concerning dealing with criminal charges in the State of Minnesota:
Arrest
Filing a Complaint
Bail Hearing
Arraignment
Discovery
Settlement
Trial
Sentencing Guidelines
Sentencing
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.
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