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Minnesota Criminal Attorneys and Lawyers Discuss Preliminary IssuesNature of Criminal ChargesIn Minnesota, criminal offenses are grouped by category. The four main categories in Minnesota are:
The maximum sanction for a petty misdemeanor in Minnesota is a $200.00 fine. Common examples include speeding or parking tickets. The maximum sanction for a misdemeanor in Minnesota is 90 days in jail and/or a fine of up to $1,000.00. Common examples include assault and DWI. The maximum sanction for a gross misdemeanor in Minnesota is one year in jail and/or a file of up to $3,000.00. Common examples include repeat DWI or repeat assault. The maximum sanction for a felony in Minnesota is over one-year of imprisonment and a maximum fine as specified by law. Common examples include manslaughter and criminal sexual conduct. The specific penalty for any particular Minnesota crime will vary depending on the facts of the case and the criminal history of the offender. Arrest and ChargingWhen a Minnesota law enforcement agency learns of potential criminal activity, either through a citizen complaint or through a direct encounter, and determines that an offense has occurred, there are two fundamental decisions to make:
For most lower level crimes in Minnesota, an offender is not arrested. There is a preference for release without bail unless there is reason to believe the defendant is a threat to public safety or will not appear in response to a citation. Some defendants are given a citation. These are usually issued by a police officer and direct the accused to appear in court at a designated time and place. The citation will state the charge and may also include a short description of the offense. A tab charge in Minnesota includes a brief statement of the offense charged, including a reference to the statute allegedly violated. Tab charges are entered into the record by the court clerk and are used when time or other limitations preclude the drafting of a formal complaint. A criminal complaint is a written signed statement of the essential facts constituting the offense charged. They may be supplemented by supporting affidavits or testimony of witnesses. Complaints are drafted by the prosecuting attorney and reviewed by a judge for probable cause. This is the most common mechanism for serious crimes. Finally, if the offense charged is punishable by life imprisonment in Minnesota, a grand jury indictment is required to charge a criminal defendant. BailIf an offender is arrested in Minnesota and not ordered released by the prosecuting attorney or judge, the judge determines conditions of release and/or the amount of bail. The Minnesota Constitution requires that bail be set for every offender who is not released, while the federal system permits "preventive detention" in some cases. In addition to bail, the court may set other conditions of release such as:
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