Overview of Criminal Court

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 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.

Expungement of Criminal Convictions:

Expungement is the process of going to court to ask a judge to seal a court and law enforcement public record. Expungement matters are litigated in the client’s county of residence. An expunged record is NOT destroyed. The police, FBI, immigration officers, and other officials may still see sealed files for certain purposes. However, the sealing of the pubic record is important for employment, housing, personal, and professional reasons. In some circumstances this may allow a convicted person to regain the right to possess a firearm.

Expungement involves numerous forms, navigating very detailed procedures, case law research, and eventually an argument before a district court referee or judge. That decision may be subject to an appeal. It takes at least 4 months to complete the process. If you decide to go forward and request an expungement, hiring a qualified attorney guarantees your best result.