Few things are more frightening than being accused of a crime. In that circumstance, it will be reassuring and helpful to know what to expect. Here is an overview of what you may be facing if criminal charges are leveled at you in Minnesota.
Minnesota’s Criminal Prosecution Process
A case kicks off when charges are made against you and you make your first appearance in court. If you were already in jail, your first appearance would be at a bail hearing so that bail can be set. Otherwise, you will be called to an arraignment. It’s at this appearance that you will be informed of the charges and informed of your rights.
After this, the prosecutor has to present all the evidence they have against you in a process called discovery and the case begins.
Who prosecutes you depends on the crime you are charged with. Misdemeanors and gross misdemeanors are prosecuted by city attorneys. Felonies get a county attorney, and certain specified offenses such as racketeering get the attorney general.
There are two types of trials you may face: judge or jury. Someone accused of a misdemeanor can have a 6-person jury trial, and someone being tried for a felony can have a 12-person jury trial. You can also waive your right to a jury trial and ask for a judge to determine the case.
You might not face either type of trial if the prosecution doesn’t have enough evidence to make a charge stick. They may offer a plea bargain in that case, and a criminal defense lawyer will get the chance to talk them into the most favorable deal available. This can happen after discovery and may involve different types of hearings.
Sentencing Guidelines
Judges can give you a sentence based on a grid that the state updates regularly. The grid spells out the mandatory minimum and maximum for a crime based on its severity and the defendant’s criminal history. The criminal history is rated 0 to 6 or more, and crime severity is rated 1 to 11.
For instance, if you are convicted of theft of over $5000 and this is a repeat offense, say you have already been convicted on four separate occasions, you have a criminal history score of 4 and crime severity score of 3. This will get you 17 to 22 months in jail.
Crimes can be divided into misdemeanors, gross misdemeanors, petty misdemeanors, and felonies. Felonies will net you more than a year in jail, and you might lose your right to vote, own a firearm, or serve on a jury.
Petty misdemeanors might get you a fine of up to $300. Misdemeanors can be punished with up to 90 days in jail, 1 to 2 years of probation, and a fine of $1000. Gross misdemeanors, such as a third DWI or stalking, get up to a year in jail and a $3000 fine.
The exception is that you can get an ‘aggravated sentence,’ which means that your fine or time in jail will be increased beyond the guidelines because there are statutory enhancements or circumstances that make the crime worse.
When To Get A Criminal Lawyer
The trial process presents you with a lot of difficult questions from your arraignment onward. Would a trial by judge be better? What should you do at a hearing? These are questions that require expertise, so you would be wise to get a lawyer as soon as you are accused.
If you or someone you love are facing criminal accusations, you’re in luck because DeVore Criminal Defense offers free confidential case evaluations every day. Call us at 651-435-6500 or 651-230-7960.
Posted 22nd September 2021 by DeVore Law Office