The Prosecution Process - Overview of
Criminal Court Appearances
Misdemeanor Charges:
Arraignment: The defendant is formally notified of the charges filed,
advised of his or her rights, and bail is argued if requested. If defendant
cannot afford an attorney, a public defender may be appointed. Pre-trial and
trial dates are set, or if a guilty plea is entered then sentencing is
immediate.
Pre-trial hearing: A judge decides whether there is sufficient
evidence for the case to proceed to trial. If a not guilty plea is entered, then
the case proceeds to trial. If a guilty plea is entered, then sentencing is
immediate. Often, plea agreements are negotiated at this stage.
Trial: Usually, evidentiary and procedural matters are argued before a
judge immediately preceding the trial. If the state is left with sufficient
admissible evidence to continue the prosecution, both sides then present their
case to a jury of six persons or a judge. Both sides may submit evidence and
call witnesses to testify. The defendant may chose to testify, but cannot be
forced to testify. The prosecutor must prove the defendant guilty beyond a
reasonable doubt.
Sentencing: If a conviction occurs or a plea is entered, the judge may
proceed directly to sentencing or schedule a separate sentencing hearing. A
pre-sentence investigation by the probation department may be ordered to assist
the judge in deciding on an appropriate sentence.
Felony Charges:
First Appearance: The defendant is formally notified of the charges,
advised of his or her rights, and bail is set if required. If the
defendant cannot afford an attorney, a public defender may be appointed if the
defendant qualifies. Omnibus/Pre-trial and trial dates are set, or if a guilty
plea is entered then pre-sentence investigation is ordered.
Omnibus/Pre-trial: Judge determines whether or not probable cause to
proceed with the prosecution exists and the case may proceed to trial if a
not guilty plea is entered. If a guilty plea is entered, then a pre-sentence
investigation and sentencing hearing is set. Often, plea agreements are
negotiated at this time.
Contested Omnibus Hearing: Judge will hear legal arguments regarding
evidence and other Constitutional issues raised by the defense attorney. If the
state is left with sufficient admissible evidence to continue the prosecution,
the case proceeds to trial. Often, the result of this hearing will be
dispositive to the prosecution or defense chances of success.
Trial: Both the prosecutor and defense present their case to a jury of
twelve persons or a judge. Either side may submit evidence and call witnesses to
testify. The defendant may chose to testify, but cannot be forced to testify.
The prosecutor must prove the defendant guilty beyond a reasonable doubt.
Sentencing/Pre-sentence Investigation:
If defendant pleads or is found guilty at trial, the judge may order a
pre-sentence investigation (PSI). This will include a review of the defendant's
criminal history and personal background. The person conducting the PSI (usually
a probation officer) may contact any victims of the crime to determine how they
have been impacted by the defendant's actions. The PSI assists the judge in
imposing a sentence appropriate to the crime charged and individual
circumstances of the offense. The victim may attend the sentencing and and be
given an opportunity to address the judge in writing or orally, and comment on
the sentence and conditions of probation that they feel should be imposed
(victim impact statement). The victim may be helped by a victim/witness advocate. Restitution (money damages) may be requested by the victim
and made a part of the sentence.
The judge can only impose a sentence that falls within the boundaries of state
law or the Minnesota Sentencing Guidelines, absent unusual circumstances
justifying a departure from those limits.
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