The major responsibility of the criminal division is to decide whether or not to charge persons with crimes, and is a responsibility the County Attorney’s Office takes very seriously. This decision is based on investigations of the various law enforcement agencies. The prosecutors are available 24 hours per day to provide legal advice to law enforcement agencies.
The Criminal Process:
Felony and Gross Misdemeanor Charges
First Appearance (Rule 5): The defendant is formally notified of the charges filed, advised of his/her rights, and the Judge sets bail. If the defendant cannot afford an attorney, a public defender may be appointed by the court to represent the defendant. The court will set the Rule 8 hearing at this time.
Rule 8 Hearing: is the first appearance a defendant will make with his attorney and the hearing where the defendant or his attorney will be provided with discovery.
Omnibus Hearing: At this hearing the Judge decides if there is enough evidence to proceed to trial. If the defendant pleads guilty, he/she will proceed to sentencing. If the defendant pleads not guilty, the case proceeds to trial. Often times the prosecutor and defense attorney will discuss plea agreements.
Contested Omnibus: (also known as Rasmussen) If the defense attorney raises questions regarding legal issues on the case, this hearing may be scheduled. The judge may hear oral testimony and may request written arguments from both attorneys
Trial: At the trial both the prosecutor and the defense attorney present their case to a judge or jury. Both sides may call witnesses to testify. The prosecutor must prove the defendant's guilt beyond a reasonable doubt.
Sentencing: If the defendant pleads guilty or is found guilty by a judge or jury, the judge will order a pre-sentence investigation (PSI). The PSI is normally conducted by a probation officer and will include the defendant's criminal history and personal background. The victim of the crime is contacted to determine how they have been impacted by the defendant's actions and if there is any restitution issues that need to be addressed at sentencing. The PSI enables the judge to learn more about the defendant so that he or she is better able to impose the proper sentence.
After the PSI has been completed the defendant comes before the judge for sentencing. The judge can only impose a sentence that falls within the boundaries of state law or the Minnesota Sentencing Guidelines. Keeping those boundaries in mind and weighing all the facts of the case, the judge then sentences the defendant.
These are the standard hearings in a felony or gross misdemeanor case, however other hearings may occur at the request of either party.
The County Attorney is not authorized to provide legal advice to private citizens in his or her capacity as County Attorney.
Misdemeanor Charges
Arraignment: The defendant is formally notified of the charges filed, advised of his/her rights, and bail is set. If the defendant cannot afford an attorney, a public defender is appointed by the court to represent the defendant. The pre-trial and trial dates are set. If the defendant pleads guilty, he/she will proceed to sentencing.
Pre-Trial: At this hearing a judge decides if there is enough evidence for the case to proceed to trial. If the defendant pleads guilty, he/she will proceed to sentencing. If the defendant pleads not guilty, the case proceeds to trial. Often a plea agreement is discussed at this time.
Trial: At the trial both the prosecutor and the defense attorney present their case to a judge or a jury. Both sides may call witnesses to testify. At the end of a criminal case, the prosecutor must have proven the defendant's guilt beyond a reasonable doubt.
Sentencing: If the defendant pleads guilty or is found guilty following a trial, a judge may proceed directly to sentencing or schedule a separate sentencing hearing. A pre-sentence investigation (PSI) is not automatically ordered, but one may be requested.
The County Attorney is not authorized to provide legal advice to private citizens in his or her capacity as County Attorney.