Minnesota Criminal Procedure

Procedural Rights - All criminal cases in Minnesota are subject to the Minnesota Rules of Criminal Procedure. The rules exist to promote a “just and speedy” determination of cases without discrimination on “race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, handicap in communication, sexual orientation, or age.” In short, the rules exist to provide justice and fairness for all persons accused of Felonies, Gross Misdemeanors, Misdemeanors, and Petty Misdemeanors in the district courts of the State of Minnesota.

Police Encounters- Most Minnesota criminal prosecutions start with the arrest or citation of a suspect. The arrest or citation is usually followed by or started by an investigation which can include questioning of witnesses (including the suspect), obtaining physical evidence, and observations by police officers. Police encounters can take many forms: passive encounters in public, casual public police encounters, stops related to community care taking, investigative stops, frisks for weapons, and arrests. The rights and freedoms a citizen enjoys differs according to the type of a police encounter. Generally, police do not need any reason to approach an individual on the street to simply talk to the person. The person is also free to discontinue the conversation at any point. Police who wish to “stop and frisk” an individual must have a reason based on specific and articulable facts to believe that criminal activity is afoot and that the suspect may put the officer in danger if the suspect has weapons. The frisk must be limited to a search for guns, knives, clubs, or other weapons that may injure the officer. However, in some cases if the officer discovers contraband during the frisk. The scope of a stop and frisk is highly technical and individuals subject to search and arrest are well advised to contact an attorney.

Arrest - Arrest or placing a suspect into custody can have dramatic consequences. Taking a person into custody to answer for a public offense is the general definition of an arrest in Minnesota. Individuals subject to seizure may not be under arrest but are generally not free to leave. The Fourth Amendment of the Constitution and Article 1 of the Minnesota Constitution both provide protections to individuals who have been placed into custody or placed under arrest. Of importance is that an individual who has been arrested or seized must be given the full Miranda warning if their statements are going to be used against them in court. Typically an illegal arrest will often serve to suppress physical evidence, statements and confessions which in turn result in the inability to prosecute. Because of the high importance of such suppression issues contact a Minnesota Criminal Lawyer to discuss the specific facts of your arrest prior to taking any action

Felony, Gross Misdemeanor, Misdemeanor, & Petty Misdemeanor

Court appearances and steps for Felonies and Gross Misdemeanors in Minnesota

  1. Defendants initial appearance under Minnesota Rules of Criminal Procedure 5.
  2. Service of Rasmussen notice on or before the date of the appearance in the Minnesota district court under Minnesota Rules of Criminal Procedure 8.
  3. Appearance in the Minnesota district court under Minnesota Rules of Criminal Procedure 8 (or within fourteen (14) days after the initial appearance under Minnesota Rules of Criminal Procedure 5 unless the hearings are consolidated.
  4. Service of Spreigl notice on the defendant under Minnesota Rules of Criminal Procedure 7 on or before the date of the Omnibus Hearing (Minnesota Rules of Criminal Procedure 11.)
  5. Completion of discovery required of prosecution and defense without court order pursuant to Minnesota Rules of Criminal Procedure 9, before the Omnibus Hearing pursuant to Minnesota Rules of Criminal Procedure 7.
  6. Service of pretrial motions to be heard at the Omnibus Hearing at least three days before the Omnibus Hearing, pursuant to Minnesota Rules of Criminal Procedure 10.

Court appearances and steps for Misdemeanors in Minnesota

  1. Defendant’s initial appearance Minnesota Rules of Criminal Procedure 5.
  2. Arraignment Minnesota Rules of Criminal Procedure 5.
  3. Notice of challenge to jurisdiction of the Minnesota Court.
  4. Service of Rasmussen notice on or before the date of the pretrial conference under Minnesota Rules of Criminal Procedure 7, or seven days before trial if no such conference is held.
  5. Waiver or demand of Rasmussen hearing by prosecution or defendant at first court appearance following service of the Rasmussen notice.
  6. Service of Spreigl notice on the defendant on or before the date of the pretrial conference if held or at least seven days before trial if no such conference is held.
  7. Service of pretrial motions at least three days before the pretrial conference or three days before trial if no pretrial motion is held, but no more than 30 days after the arraignment.
  8. Pretrial conference as directed by court order.
  9. Pretrial motions held at pretrial conference or just before trial if no such conference is held
  10. Discovery may be conducted at any time before trial as permitted under Service of Rasmussen notice on or before the date of the appearance in the Minnesota district court under Minnesota Rules of Criminal Procedure 7
  11. Rasmussen hearing held immediately prior to jury trial unless otherwise ordered by the court 
  12. Trial to be held within 60 days for the date or demand or within 10 days of demand if the defendant is in custody.