Minnesota criminal charges

Minnesota criminal charges DEFAULT

Office of the Revisor of Statutes

MS [Renumbered ]GENERAL PRINCIPLESNAME AND CONSTRUCTION.SCOPE AND EFFECT.DEFINITIONS.JURISDICTION OF STATE.PUNISHMENT WHEN NOT OTHERWISE FIXED. [Repealed, c s 11] [Repealed, c s 11]MAXIMUM PENALTIES; MISDEMEANORS.MAXIMUM PENALTIES; PETTY MISDEMEANORS.MAXIMUM PENALTY; PETTY MISDEMEANOR ORDINANCE VIOLATIONS.MAXIMUM PENALTY; ORDINANCE VIOLATIONS.MAXIMUM FINES FOR GROSS MISDEMEANORS; FELONIES.CRIME PUNISHABLE UNDER DIFFERENT PROVISIONS.CONVICTION OF LESSER OFFENSE.PROOF OF PRIOR CONVICTIONS.FOREIGN CONVICTION OR ACQUITTAL.LIABILITY FOR CRIMES OF ANOTHER.CAPABILITY OF CHILDREN TO COMMIT CRIME.AUTHORIZED USE OF FORCE.JUSTIFIABLE TAKING OF LIFE.AUTHORIZED USE OF DEADLY FORCE BY PEACE OFFICERS.INTOXICATION AS DEFENSE.DURESS.SENDING WRITTEN COMMUNICATION.COMPELLING TESTIMONY; IMMUNITY FROM PROSECUTION.JUVENILE PETTY OFFENDERS; USE OF RESTORATIVE JUSTICE. [Repealed, c art 3 s 48]SENTENCESLIMITS OF SENTENCES.SENTENCES AVAILABLE.SURCHARGE ON FINES, ASSESSMENTS; MINIMUM FINES.LOCAL CORRECTIONAL FEES; IMPOSITION BY COURT. [Repealed, c s 28]FINE AND SURCHARGE COLLECTION.SENTENCE OF IMPRISONMENT.OFFENDERS WITH SERIOUS AND PERSISTENT MENTAL ILLNESS; ALTERNATIVE PLACEMENT.HEINOUS CRIMES.MANDATORY PENALTY FOR CERTAIN MURDERERS. Subdivisions renumbered, repealed, or no longer in effect Subdivisions renumbered, repealed, or no longer in effect INCREASED SENTENCES FOR CERTAIN DANGEROUS AND REPEAT FELONY OFFENDERS.MINIMUM SENTENCES OF IMPRISONMENT. [Repealed, c art 3 s 10]PRESENTENCE INVESTIGATION. Subdivisions renumbered, repealed, or no longer in effect DNA ANALYSIS OF CERTAIN OFFENDERS REQUIRED.FINGERPRINTING REQUIRED. [Repealed, c art 12 s 12]PAROLE OR DISCHARGE.SENTENCE FOR MISDEMEANOR OR GROSS MISDEMEANOR.CONVICTIONS OF FELONY OR GROSS MISDEMEANOR; WHEN DEEMED MISDEMEANOR OR GROSS MISDEMEANOR.CERTIFICATION OF MISDEMEANOR AS PETTY MISDEMEANOR.CONTINUANCE FOR DISMISSAL.STAY OF IMPOSITION OR EXECUTION OF SENTENCE.PETITION FOR CIVIL COMMITMENT. [Repealed, c art 6 s 16]REVOCATION OF STAY.CREDIT FOR PRIOR IMPRISONMENT.MULTIPLE SENTENCES. [Repealed, c art 6 s 16]INCREASED PENALTIES FOR CERTAIN MISDEMEANORS. [Repealed, c art 1 s 19] [Repealed, c art 1 s 19]RESTORATION OF CIVIL RIGHTS; POSSESSION OF FIREARMS AND AMMUNITION. [Repealed, c art 9 s 10] [Repealed, c art 9 s 10] [Repealed, c art 9 s 10]ANTICIPATORY CRIMESATTEMPTS.CONSPIRACY.HOMICIDE; BODILY HARM; SUICIDEDEFINITION. [Repealed, c art 6 s 16]MURDER IN THE FIRST DEGREE.MURDER IN THE SECOND DEGREE.MURDER IN THE THIRD DEGREE. [Repealed, c art 6 s 16]MANSLAUGHTER IN THE FIRST DEGREE.MANSLAUGHTER IN THE SECOND DEGREE. Subdivisions renumbered, repealed, or no longer in effect DEFINITIONS.CRIMINAL VEHICULAR HOMICIDE.CRIMINAL VEHICULAR OPERATION; BODILY HARM.CRIMINAL VEHICULAR OPERATION; UNBORN CHILD.SUICIDE. [Repealed, c s 25]CRIMES AGAINST THE PERSONASSAULT IN THE FIRST DEGREE.ASSAULT IN THE SECOND DEGREE.ASSAULT IN THE THIRD DEGREE.ASSAULT IN THE FOURTH DEGREE.CONSECUTIVE SENTENCES FOR ASSAULTS COMMITTED BY STATE PRISON INMATES.FELONY ASSAULT MOTIVATED BY BIAS; INCREASED STATUTORY MAXIMUM SENTENCE.ASSAULT IN THE FIFTH DEGREE.KNOWING TRANSFER OF COMMUNICABLE DISEASE.DOMESTIC ASSAULT.SENTENCING; REPEAT DOMESTIC ASSAULT.PRESENTENCE DOMESTIC ABUSE INVESTIGATIONS.FEMALE GENITAL MUTILATION; PENALTIES. [Repealed, c 43 s 32]DOMESTIC ASSAULT BY STRANGULATION. [Repealed, c s 25]HARM CAUSED BY DOG.DANGEROUS ANIMALS DESTROYED.GREAT BODILY HARM CAUSED BY DISTRIBUTION OF DRUGS.CRIME COMMITTED FOR BENEFIT OF GANG.MISTREATMENT OF PERSONS CONFINED.MISTREATMENT OF RESIDENTS OR PATIENTS.CRIMES AGAINST VULNERABLE ADULTS; DEFINITIONS.CRIMINAL ABUSE.CRIMINAL NEGLECT.FINANCIAL EXPLOITATION OF VULNERABLE ADULT.DECEPTIVE OR UNFAIR TRADE PRACTICES; ELDERLY OR DISABLED VICTIMS.FAILURE TO REPORT.USE OF DRUGS TO INJURE OR FACILITATE CRIME.SIMPLE ROBBERY.AGGRAVATED ROBBERY.KIDNAPPING.DOUBLE JEOPARDY; KIDNAPPING.FALSE IMPRISONMENT.DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS.ABDUCTION.CRIMES AGAINST UNBORN CHILDRENDEFINITIONS.MURDER OF UNBORN CHILD IN THE FIRST DEGREE.MURDER OF UNBORN CHILD IN THE SECOND DEGREE.MURDER OF UNBORN CHILD IN THE THIRD DEGREE.MANSLAUGHTER OF UNBORN CHILD IN THE FIRST DEGREE.MANSLAUGHTER OF UNBORN CHILD IN THE SECOND DEGREE.ASSAULT OF UNBORN CHILD IN THE FIRST DEGREE.ASSAULT OF UNBORN CHILD IN THE SECOND DEGREE.ASSAULT OF UNBORN CHILD IN THE THIRD DEGREE.INJURY OR DEATH OF UNBORN CHILD IN COMMISSION OF CRIME.EXCEPTION.OTHER CONVICTIONS NOT BARRED.CRIMES OF COMPULSIONCOERCION.ATTEMPT TO COERCE.INTERFERING WITH RELIGIOUS OBSERVANCE.SEXUAL AND LABOR TRAFFICKING CRIMESDEFINITIONS.LABOR TRAFFICKING.UNLAWFUL CONDUCT WITH RESPECT TO DOCUMENTS IN FURTHERANCE OF LABOR OR SEX TRAFFICKING.LABOR OR SEX TRAFFICKING CRIMES; DEFENSES; CIVIL LIABILITY; CORPORATE LIABILITY. [Repealed, c s 13] [Repealed, c s 13] [Repealed, c s 13]SEX CRIMESSODOMY.BESTIALITY. [Repealed, c s 13] [Repealed, c s 13]LEAVING STATE TO EVADE ESTABLISHMENT OF PATERNITY. [Repealed, c s 9]PROSTITUTION AND SEX TRAFFICKING; DEFINITIONS.SOLICITATION, INDUCEMENT, AND PROMOTION OF PROSTITUTION; SEX TRAFFICKING. [Repealed, c art 2 s 33]PROTECTIVE ORDER AUTHORIZED; PROCEDURES; PENALTIES.PATRONS; PROSTITUTES; HOUSING INDIVIDUALS ENGAGED IN PROSTITUTION; PENALTIES.PENALTY ASSESSMENT AUTHORIZED.PROSTITUTION CRIMES COMMITTED IN SCHOOL OR PARK ZONES; INCREASED PENALTIES.LOITERING WITH INTENT TO PARTICIPATE IN PROSTITUTION.DEFENSES.EVIDENCE.DISORDERLY HOUSE.FORNICATION.DEFINITIONS.CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE.CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE.CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE.CRIMINAL SEXUAL CONDUCT IN THE FOURTH DEGREE.CRIMINAL SEXUAL CONDUCT IN THE FIFTH DEGREE. [Renumbered ]CRIMINAL SEXUAL PREDATORY CONDUCT.DANGEROUS SEX OFFENDERS; LIFE SENTENCES; CONDITIONAL RELEASE.USE OF POLYGRAPHS FOR SEX OFFENDERS ON PROBATION OR CONDITIONAL RELEASE.SEX OFFENDER ASSESSMENT.LAW ENFORCEMENT; REPORTS OF SEXUAL ASSAULTS. [Repealed, c art 6 s 16] [Renumbered ] EVIDENCE IN CRIMINAL SEXUAL CONDUCT CASES.RECORDS PERTAINING TO VICTIM IDENTITY CONFIDENTIAL.MEDICAL PURPOSES; EXCLUSION. MS [Repealed, c 16 s 1]COSTS OF MEDICAL EXAMINATION.APPLICABILITY TO PAST AND PRESENT PROSECUTIONS.SOLICITATION OF CHILDREN TO ENGAGE IN SEXUAL CONDUCT; COMMUNICATION OF SEXUALLY EXPLICIT MATERIALS TO CHILDREN.JURISDICTION.CRIMES AGAINST THE FAMILYBIGAMY.ADULTERY. [Repealed, c s 24] [Repealed, c s 24] [Repealed, c s 24] [Repealed, c s 24] [Repealed, c s 24]INCEST. [Repealed, c s 60]NONSUPPORT OF SPOUSE OR CHILD.DISCHARGE AND DISMISSAL.DEFINITIONS.MALICIOUS PUNISHMENT OF CHILD.NEGLECT OR ENDANGERMENT OF CHILD.UNHARMED NEWBORNS LEFT AT A SAFE PLACE; AVOIDANCE OF PROSECUTION.PERMITTED ACTIONS.STAYED SENTENCE.CRIMES AGAINST THE GOVERNMENTTREASON.MISPRISION OF TREASON.STATE MILITARY FORCES; INTERFERING WITH, OBSTRUCTING, OR OTHER.UNAUTHORIZED PRESENCE AT CAMP RIPLEY.FLAGS. [Repealed, c 10 s 1]FALSE TAX STATEMENT.CRIMES AFFECTING PUBLIC
OFFICER OR EMPLOYEEDEFINITIONS.BRIBERY.CORRUPTLY INFLUENCING LEGISLATOR.MISCONDUCT OF PUBLIC OFFICER OR EMPLOYEE.OFFICER NOT FILING SECURITY.PUBLIC OFFICE; ILLEGALLY ASSUMING; NONSURRENDER.FAILURE TO PAY OVER STATE FUNDS.PUBLIC OFFICER; UNAUTHORIZED COMPENSATION.PERMITTING FALSE CLAIMS AGAINST GOVERNMENT.REPORTING TO STATE AUDITOR AND LEGISLATIVE AUDITOR REQUIRED. [Repealed, c s ]PRESENTING FALSE CLAIMS TO PUBLIC OFFICER OR BODY.MEDICAL ASSISTANCE FRAUD.INTERFERENCE WITH PROPERTY IN OFFICIAL CUSTODY.IMPERSONATING A MILITARY SERVICE MEMBER, VETERAN, OR PUBLIC OFFICIAL.IMPERSONATING A PEACE OFFICER.CRIMES AGAINST THE
ADMINISTRATION OF JUSTICEPERJURY.ESCAPE FROM CUSTODY.COMMISSION OF CRIME WHILE WEARING OR POSSESSING BULLET-RESISTANT VEST.FLEEING PEACE OFFICER; MOTOR VEHICLE; OTHER.RELEASE, FAILURE TO APPEAR.FAILURE TO APPEAR; PETTY MISDEMEANOR.SOLICITATION OF MENTALLY IMPAIRED PERSONS.SOLICITATION OF JUVENILES.AIDING AN OFFENDER.CONCEALING CRIMINAL PROCEEDS.ENGAGING IN BUSINESS OF CONCEALING CRIMINAL PROCEEDS.WARNING SUBJECT OF INVESTIGATION.WARNING SUBJECT OF SURVEILLANCE OR SEARCH.TAMPERING WITH WITNESS.OBSTRUCTING LEGAL PROCESS, ARREST, OR FIREFIGHTING.FUNERAL OR BURIAL SERVICE; PROHIBITED ACTS.INTERFERENCE WITH DEAD BODY; REPORTING.DISARMING PEACE OFFICER.FALSELY REPORTING CRIME.CRIMINAL ALERT NETWORK; FALSE OR MISLEADING INFORMATION PROHIBITED.PROHIBITING GIVING PEACE OFFICER FALSE NAME.FALSELY REPORTING CHILD ABUSE.FALSE INFORMATION TO FINANCIAL INSTITUTION.SIMULATING LEGAL PROCESS.MISCONDUCT OF JUDICIAL OR HEARING OFFICER.THEFT AND RELATED CRIMESTHEFT.POSSESSION OF SHOPLIFTING GEAR.RETURN OF STOLEN PROPERTY TO OWNERS.BRINGING STOLEN GOODS INTO STATE.PRECIOUS METAL AND SCRAP METAL DEALERS; RECEIVING STOLEN PROPERTY.IDENTITY THEFT.POSSESSION OR SALE OF STOLEN OR COUNTERFEIT CHECK; PENALTIES.MAIL THEFT.RECEIVING STOLEN PROPERTY.FORFEITURES.FORFEITURE OF PROPERTY ASSOCIATED WITH CONTROLLED SUBSTANCES.FORFEITURE OF PROPERTY ASSOCIATED WITH DESIGNATED OFFENSES.FORFEITURE BY JUDICIAL ACTION; PROCEDURE.ADMINISTRATIVE FORFEITURE OF CERTAIN PROPERTY SEIZED IN CONNECTION WITH A CONTROLLED SUBSTANCES SEIZURE.DISPOSITION OF FORFEITED PROPERTY.SUMMARY FORFEITURES.REAL PROPERTY; SEIZURES.FORFEITURE OF VEHICLES USED IN DRIVE-BY SHOOTINGS.FINANCIAL INSTITUTION SECURED INTEREST.ATTACHMENT OF DEPOSITED FUNDS.ISSUANCE OF DISHONORED CHECKS.EMBEZZLEMENT OF PUBLIC FUNDS.PROTECTION OF LIBRARY PROPERTY.MISUSING CREDIT CARD TO SECURE SERVICES.MOTOR VEHICLE TAMPERING. [Repealed, c art 7 s 14]RUSTLING AND LIVESTOCK THEFT; PENALTIES.UNAUTHORIZED RELEASE OF ANIMALS. [Repealed, c s 10]DAMAGE OR TRESPASS TO PROPERTYDEFINITIONS. [Repealed, c s 10]ARSON IN THE FIRST DEGREE.ARSON IN THE SECOND DEGREE.ARSON IN THE THIRD DEGREE.ARSON IN THE FOURTH DEGREE.ARSON IN THE FIFTH DEGREE.USE OF IGNITION DEVICES; PETTY MISDEMEANOR.EXCLUDED FIRES.WILDFIRE ARSON. [Repealed, c s 10] [Repealed, c s 10] [Repealed, c s 10]NEGLIGENT FIRES; DANGEROUS SMOKING. [Repealed, c s 4]DEFINITIONS.BURGLARY.SENTENCING; FIRST BURGLARY OF DWELLING.DOUBLE JEOPARDY.POSSESSION OF CODE-GRABBING DEVICES; PENALTY.POSSESSION OF BURGLARY OR THEFT TOOLS.DAMAGE TO TIMBER OR WOOD PROCESSING AND RELATED EQUIPMENT.POSSESSION OF TIMBER DAMAGE DEVICES.DAMAGE OR THEFT TO ENERGY TRANSMISSION OR TELECOMMUNICATIONS EQUIPMENT.DAMAGE TO PROPERTY OF CRITICAL PUBLIC SERVICE FACILITIES, UTILITIES, AND PIPELINES.DAMAGE TO PROPERTY.KILLING OR HARMING PUBLIC SAFETY DOG.ASSAULTING OR HARMING POLICE HORSE; PENALTIES.EXPOSING DOMESTIC ANIMALS TO DISEASE. [Repealed, c 5 s 18]TRESPASS.TRESPASS ON CRITICAL PUBLIC SERVICE FACILITY; UTILITY; OR PIPELINE.GEOGRAPHIC RESTRICTION.UNLAWFUL OUSTER OR EXCLUSION. [Repealed, c s 10]INSURANCE FRAUD.EMPLOYMENT OF RUNNERS.DEFEATING SECURITY ON REALTY.DEFEATING SECURITY ON PERSONALTY.PROOF OF CONCEALMENT OF PROPERTY BY OBLIGOR OF SECURED PROPERTY.FORGERY AND RELATED CRIMESAGGRAVATED FORGERY.FORGERY.CHECK FORGERY; OFFERING FORGED CHECK.COUNTERFEITING OF CURRENCY.OBTAINING SIGNATURE BY FALSE PRETENSE.RECORDING, FILING OF FORGED INSTRUMENT.FRAUDULENT STATEMENTS.FALSE CERTIFICATION BY NOTARY PUBLIC.STATE LOTTERY FRAUD.FRAUDULENT DRIVERS' LICENSES AND IDENTIFICATION CARDS; PENALTY. [Repealed, c s 2]CRIMES AGAINST PUBLIC SAFETY AND HEALTHDANGEROUS WEAPONS.PENALTY FOR SET GUNS; SWIVEL GUNS.SHOOTING VICTIM; DUTY TO RENDER AID.DISPLAY OF HANDGUN AMMUNITION.SPRING GUNS.NEGLIGENT STORAGE OF FIREARMS.FIREARMS; REMOVAL OR ALTERATION OF SERIAL NUMBER.EXPLOSIVE AND INCENDIARY DEVICES.CIVIL DISORDER.MACHINE GUNS AND SHORT-BARRELED SHOTGUNS.ENVIRONMENT; CRIMINAL PENALTIES.PERMISSIVE INFERENCE; FIREARMS IN AUTOMOBILES.EXPOSURE OF UNUSED REFRIGERATOR OR CONTAINER TO CHILDREN.UNLAWFUL DEPOSIT OF GARBAGE, LITTER, OR LIKE.UNLAWFUL SMOKING.ABUSE OF TOXIC SUBSTANCES.SALE OF TOBACCO TO PERSONS UNDER AGE SALE OF NICOTINE DELIVERY PRODUCTS TO PERSONS UNDER AGE FALSE FIRE ALARMS; TAMPERING WITH OR INJURING FIRE ALARM SYSTEM.PUBLIC MISCONDUCT OR NUISANCEADULTERATION.ADULTERATION BY BODILY FLUID.UNLAWFUL ASSEMBLY.RIOT.REAL AND SIMULATED WEAPONS OF MASS DESTRUCTION.THREATS OF VIOLENCE.CRIMES COMMITTED IN FURTHERANCE OF TERRORISM.PRESENCE AT UNLAWFUL ASSEMBLY.DISORDERLY CONDUCT. [Repealed, c art 17 s 53]CONCEALING IDENTITY.PUBLIC NUISANCE.PERMITTING PUBLIC NUISANCE.INTERFERENCE WITH PRIVACY. [Repealed, c art 2 s 34]FRAUDULENT OR OTHERWISE IMPROPER FINANCING STATEMENTS.HARASSMENT; RESTRAINING ORDER.HARASSMENT; STALKING; PENALTIES.PHYSICAL INTERFERENCE WITH SAFE ACCESS TO HEALTH CARE.GAMBLINGGAMBLING; DEFINITIONS.GAMBLING; MISDEMEANOR.GAMBLING; GROSS MISDEMEANOR; FELONY.OPERATIONS PERMITTED.FORFEITURE OF GAMBLING DEVICES, PRIZES AND PROCEEDS.LAWFUL GAMBLING FRAUD.CRIMES AGAINST REPUTATIONCRIMINAL DEFAMATION.FALSE INFORMATION TO NEWS MEDIA.CRIMES RELATING TO COMMUNICATIONSEMERGENCY COMMUNICATIONS; KIDNAPPINGS.DIVULGING TELEPHONE OR TELEGRAPH MESSAGE; NONDELIVERY.INTERFERENCE WITH EMERGENCY COMMUNICATIONS.EMERGENCY TELEPHONE CALLS AND COMMUNICATIONS. [Repealed, c s 7]OBSCENE OR HARASSING TELEPHONE CALLS.LETTER, TELEGRAM, OR PACKAGE; OPENING; HARASSMENT.INTERFERING WITH CABLE COMMUNICATIONS SYSTEMS. [Repealed, c 47 s 1; c 54 art 2 s 19]CRIMES RELATING TO BUSINESSINTERFERING WITH INTERNET TICKET SALES.EVENT TICKETS; PROHIBITED ACTS. [Repealed, c s 18]MISCONDUCT OF JUNK OR SECONDHAND DEALER.WRONGFUL EMPLOYMENT AT A CHILD CARE CENTER.FRAUD IN OBTAINING CREDIT.FINANCIAL TRANSACTION CARD FRAUD.RESIDENTIAL MORTGAGE FRAUDRESIDENTIAL MORTGAGE FRAUD.MISCELLANEOUS CRIMESBRIBERY OF PARTICIPANT OR OFFICIAL IN CONTEST.FALSELY IMPERSONATING ANOTHER.MISREPRESENTATION OF SERVICE ANIMAL.RAILROAD THAT OBSTRUCTS TREATMENT OF INJURED WORKER.CRIMES AGAINST RAILROAD EMPLOYEES AND PROPERTY; PENALTY.FALSE TRAFFIC SIGNAL.CRIMES INVOLVING TRANSIT; SHOOTING AT TRANSIT VEHICLE.USE OF POLICE RADIOS DURING COMMISSION OF CRIME; PENALTIES.DISCHARGING A LASER AT AN AIRCRAFT.CRIMES AGAINST COMMERCECOMMERCIAL BRIBERY.COMPUTER CRIME; DEFINITIONS.COMPUTER DAMAGE.COMPUTER THEFT.UNAUTHORIZED COMPUTER ACCESS.REPORTING VIOLATIONS.CRIMINAL USE OF ENCRYPTION.FACILITATING ACCESS TO COMPUTER SECURITY SYSTEM.DEFINITIONS.TELECOMMUNICATIONS AND INFORMATION SERVICES FRAUD; CRIME DEFINED.CELLULAR TELEPHONE COUNTERFEITING; CRIMES DEFINED.COUNTERFEITED INTELLECTUAL PROPERTY; PENALTIES.CRIMINAL USE OF REAL PROPERTY.RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS (RICO)CONSTRUCTION OF RACKETEERING PROVISIONS.DEFINITIONS.RACKETEERING.CRIMINAL PENALTIES.CRIMINAL FORFEITURE.PRESERVATION OF PROPERTY SUBJECT TO FORFEITURE.DISPOSITION OF FORFEITURE PROCEEDS.ADDITIONAL RELIEF AVAILABLE.RELATION TO OTHER SANCTIONS.CIVIL REMEDIES.NOTICE TO OTHER PROSECUTING AUTHORITIES.
Sours: https://www.revisor.mn.gov/statutes/cite/

Minnesota Criminal Process

Twin Cities Area Minnesota Criminal Defense Lawyer

When a person is arrested and charged with a criminal offense, he or she likely is worried about the steps of the process. Most people who become involved in the criminal justice system after accusations of a criminal offense are unaware of how their case might be handled. No matter the charge, having an attorney by your side can be beneficial.

The right to legal counsel is one of the foundations of the legal system in the United States. In most situations, a person facing criminal charges can have an attorney represent them through the case. This means having knowledgeable representation from the time of the arrest through the conclusion of your case.

Apple Valley Criminal Defense Attorney

If you have been charged with a crime in Minnesota, contact Apple Valley criminal defense lawyer James Blumberg. As a former prosecutor, Blumberg has extensive knowledge of the criminal process and years of experience handling cases on both sides of the law. Blumberg knows how to help his clients get favorable results in their cases.

Call () today to schedule a free consultation with James Blumberg Law. The firm works with clients throughout Dakota County, including Burnsville, Eagan, Hastings, Inver Grove Heights, Lakeville, Mendota Heights and Rosemount, as well as anywhere in the Twin Cities region, including Hennepin County, Ramsey County and Anoka County.


Information About Minnesota Criminal Process


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Arrest or Notice to Appear in Court

The Minnesota criminal process generally begins when a person is arrested and charged with an offense. An arrest could be made with a warrant issued by a judge or without a warrant. After the arrest, the person would be fingerprinted, have his or her mug shot taken and booked into the jail.

Minnesota law states that a person who is arrested must be brought before the nearest available judge in the county where the alleged offense occurred. This must be done without unnecessary delay and not more than 36 hours after the arrest. In misdemeanor cases, if a person is not brought before a judge within 36 hours, he or she could be released with a citation.

Other times, the process can begin if a person is issued a summons, which essentially states a time and place in which a person must appear before the court to answer a complaint.  The summons, according to Rule 3 of the Criminal Procedure, also must include a copy of the complaint.

If a person is issued a summons that instructs him or her to appear in court and he or she does not show up, the judge may issue a bench warrant for his or her arrest. This is often called a “failure to appear.”


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First Appearance

The purpose of the first appearance in Minnesota, according to Rule 5 of the Criminal Procedure, is for the court to inform the defendant of his or her charges, the right to counsel and the opportunity to enter a plea. The court must ensure the person has a copy of the complaint or citation.

The court also must notify the defendant of his or her rights, including the following:

  • The right to remain silent and not to submit to interrogation
  • Anything the defendant says may be used against them in subsequent proceedings
  • The right to counsel in all proceedings, including police lineups
  • The right to communicate with defense counsel
  • The right to a jury trial or a trial to the court

Additionally, during this process, the court must set bail and establish other conditions of release. If the court believes the person causes a danger to anyone, he or she could be held in jail. If the person is released, other conditions could be imposed, such as create restrictions on travel or place the defendant under supervision.


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Omnibus Hearing in Minnesota

If a defendant has not pled guilty to a felony or gross misdemeanor offense, an omnibus hearing must be held.  The main purpose of the hearing, also called a pretrial hearing, is to examine the evidence offered by the prosecution and the defense and determine the admissibility of the evidence.

A party may cross-examine any witness called by any other party during the hearing. This means the defendant and his or her attorney can challenge the evidence presented by the prosecution. If the defense lawyer can argue the prosecution does not have enough evidence to support its case, the charges could be dismissed.

During the hearing, the court must determine whether probable cause exists to believe an offense has been committed and that the defendant is the person who committed it, according to Rule 11 of the Criminal Procedure. The court may find probable cause on the face of the complaint or the entire record, including reliable hearsay.

The omnibus hearing could include a pretrial conference to determine whether the case can be resolved before trial. However, if the defendant chooses to enter a plea, he or she could do so at the hearing. If the defendant enters a plea other than guilty, a trial date must be set.

A defendant must be tried as soon as possible after a plea other than guilty has been entered. If either party demands, the trial must start within 60 days of the demand unless the court finds good cause for a later trial date. The time period begins on the date of the plea other than guilty.


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Criminal Trial

Once a date has been established for a trial, the defendant could face a trial by jury or a trial without a jury. A defendant has a right to a jury trial for any offense punishable by incarceration, which must be in the district court. Any misdemeanor offense not punishable by incarceration must be tried by the court.

During a jury trial, the defendant must be present for every step of the process, including:

  • Arraignment
  • Plea
  • Jury selection
  • Opening statements
  • Presentation of evidence
  • Closing arguments
  • Jury instructions
  • Any jury questions dealing with evidence or law
  • The verdict
  • The sentencing

The jury&#;s verdict must be unanimous in all cases. However, the defendant court request the jury may render a verdict on the concurrence of a specified number of jurors fewer than that required by law. This must be approved by the court. If a person is found guilty, he or she will be sentenced during a subsequent hearing.

In a case without a jury, the court will make a finding of whether the person is guilty or not guilty or determine if the applicable pleas have been made, such as not guilty by reason of insanity. This must be done within seven days of the completion of the trial, according to Rule 26 of the Criminal Procedure.


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Additional Resources

Minnesota Rules of Criminal Procedure — The Minnesota Rules of Criminal Procedure outline how the Minnesota criminal process works in various situations, including misdemeanor and felony charges.

Dakota County District Court Traffic and Misdemeanor Court &#; The First District of the Minnesota Judicial Branch handles traffic and misdemeanor offenses in Dakota County. Learn more about the process for petty misdemeanor and misdemeanor traffic offenses.


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James Blumberg Law &#; A Criminal Process Lawyer in Dakota County

If you have been charged with a crime, you do not have to tackle the criminal justice system alone. Contact Dakota County criminal defense attorney James Blumberg at () to begin building a strong defense against the accusations. Your future is important, and he can use his knowledge and experience on both sides of the law to help you protect it.

James Blumberg Law accepts clients in Dakota County and other surrounding communities including Rice County, Carver County, Scott County, Sibley County, Dodge County, Steele County, and Sibley County.

Sours: https://www.jamesblumberglaw.com/criminal-defense/minnesota-criminal-process/
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Felonies include any crime punishable by more than a year and up to life in prison. Learn how felony sentencing works in Minnesota.

Minnesota defines a felony as any crime that may be punished by more than one year's imprisonment. For offenses with sentences of a year or less, Minnesota law carries three misdemeanor designations: gross misdemeanor, misdemeanor, and petty misdemeanor.

Felony sentencing in Minnesota involves several factors: the statutory maximum sentence, the sentencing grid, the offender's criminal history, and the circumstances of the crime. Read on to learn how judges determine and impose felony sentences in Minnesota.

Felony Sentences in Minnesota

Unlike many states, Minnesota doesn't divide felony crimes into classifications (such as class A or level 1). Rather, Minnesota statutes specify the maximum penalty (imprisonment and fine) allowed for each individual felony. If a statute defines the offense as a felony but doesn't specify a sentence, the maximum penalty defaults to five years' imprisonment.

Here are some examples of felony penalties in statute:

  • first-degree murder: a life sentence
  • first-degree criminal sexual conduct: maximum of 30 years' imprisonment and a $40, fine
  • second-degree manslaughter: maximum of ten years' imprisonment and a $20, fine
  • third-degree burglary: maximum of five years' imprisonment and a $10, fine, and
  • criminal damage to property ($ to $1,):maximum imprisonment of one year and a day and a $3, fine.

Generally speaking, a person serves a felony sentence in state prison, whereas local jails house persons convicted of misdemeanors (with certain exceptions). (Minn. Stat. §§ , , , , , ().)

Look Out for Changes in the Law

Minnesota frequently changes its criminal laws, but you can check the current statutes on the state legislature's website. Make sure you are looking at the most recent edition. Court decisions may also affect how the laws are applied and interpreted—which is a good reason to speak with a lawyer if you're concerned about actual or potential criminal charges.

How Felony Sentencing Works in Minnesota

Based on the maximum penalty set by lawmakers, the Minnesota Sentencing Guidelines Commission gives each felony offense a severity level ranking and places the offense on what's called the sentencing grid. The grid provides a recommended sentence length and disposition (probation or prison) that the judge must follow or give reasons for choosing not to.

Sentencing Guidelines Grid

Using the offense severity level (1 to 11) and the offender's criminal history record (0 to 6+), the sentencing grid specifies a recommended sentencing range. In most cases, a judge must impose a sentence within the range found on the grid. If the case involves aggravating factors, the judge can go above the range but never beyond the maximum allowed in statute. When mitigating circumstances exist, the judge may impose a less severe sentence. (Minn. Stat. §§ , ().)

As an example, first-degree assault carries a maximum sentence of 20 years in statute. The guidelines place the offense at a severity level 9. Based on the grid, a judge sentencing a first-time offender (no criminal history) could impose a seven-year sentence, whereas the offender with five or six prior felonies might be looking at 12 to 15 years in prison. (Check out the sentencing grid here.) The longer a person's rap sheet is, the longer the possible sentence. If the prosecutor proves aggravating circumstances occurred (say assaulting a disabled person), the judge could depart from the guidelines and go up to the maximum year sentence. (Minn. Stat. § ().)

Minnesota uses three different felony sentencing grids. Separate grids exist for drug and sexual assault offenses. All other felonies fall to the standard grid. (Misdemeanors are not included on the grid.)

Why Have a Sentencing Guidelines Grid?

Sentencing guidelines aim to provide consistency and fairness in sentencing without regard to race, gender, wealth, or residence. For a similar crime, a first-time black offender in the metro area should get the same or similar sentence to the first-time white offender in a rural area.

Probation or Prison

The grid also indicates whether the judge should "execute or stay" the sentence. Executing a sentence means to carry out its terms—that is, send the offender to prison. Staying (or suspending) a sentence refers to putting prison time on hold and allowing the offender to go on probation.

Probation doesn't necessarily mean that the offender completely avoids time behind bars. As a condition of probation, the judge can order an offender to serve time in jail. Other probation conditions might include abstaining from alcohol or controlled substances, completing community service, remaining on home arrest, and staying away from victims. While on probation, the prison sentence remains on the table. The judge can revoke probation and send the offender to prison for violating probation. (Minn. Stat. §§ , ().)

Going back to the first-degree assault example, the grid doesn't provide an option for the judge to stay the sentence. This offender would end up in prison. But if the charges were second-degree assault, an offender with one or two prior convictions could end up on probation that includes a jail term. For a lengthy criminal past, an offender convicted of second-degree assault would get an executed prison sentence.

Determinate Sentencing and Supervised Release

With the exception of life sentences, Minnesota uses a system of determinate sentencing, meaning the judge hands down a set sentence (say 15 years) based on the recommendations from the guidelines. (Indeterminate sentencing, on the other hand, involves a sentencing range—for example, sentenced to ten to 20 years in prison. With an indeterminate sentence, a parole board generally decides when to release the person after the minimum term is served.)

Under Minnesota's determinate sentencing system, an offender's sentence has two parts: the imprisonment term (two-thirds)and the possible supervised release term (one-third). So, if a judge hands down a year sentence, the offender will spend a minimum of ten years behind bars (the two-thirds) and, barring bad behavior in prison, could spend up to five years on supervised release in the community (the one-third). An offender who ends up with multiple disciplinary actions or commits a crime in prison would lose most, if not all, of the possible supervised release and spend the entire 15 years behind bars. Offenders who qualify for supervised release must obey release conditions while in the community (similar to probation) and can be sent back to prison for violations. (Minn. Stat. § ().)

Enhanced or Mandatory Penalties

Minnesota law provides enhanced penalties and mandatory minimum penalties for offenders convicted of multiple violent crimes, sex offenses, and crimes involving a weapon, among others. For instance, a judge must impose a minimum three-year sentence, without the option of probation or supervised release, for a defendant convicted of armed burglary. And a third violent felony results in a mandatory prison sentence that cannot be stayed.

Other enhanced penalties apply to crimes committed for the benefit of a gang and felony assault based on bias. These enhancements increase the statutory maximum sentence for the underlying crime. Also, in some instances, repeat misdemeanor offenses can add up to a felony sentence, such as a third assault in ten years against the same victim. (Minn. Stat. §§ , , , ().)

Criminal Statute of Limitations

Minnesota law (like most states) provides a time limit for filing a criminal case—called the statute of limitations. These limits apply to both felonies and misdemeanors. A few crimes, like murder and kidnapping, can be charged at any time after the crime was committed. But the prosecutor must file most felony charges within three to nine years of the crime being committed or reported. You can learn more in our article on Criminal Statutes of Limitations. (Minn. Stat. § ().)

The Value of Good Representation

A felony conviction becomes part of your permanent criminal record. If you are convicted later of another felony, the court can consider your prior conviction and impose a harsher sentence in the new case. Being a convicted felon can hurt you when you are looking for a job and applying to rent a house or apartment. Convicted felons lose the right to vote, carry firearms, and obtain certain professional licenses.

An experienced criminal defense attorney can determine whether you have any grounds for dismissal of the charges against you, explore plea options, or represent you at trial. A local attorney will be familiar with the judges, prosecutors, and other criminal justice players in the courtroom.

Sours: https://www.criminaldefenselawyer.com/resources/criminal-defense/state-felony-laws/minnesota-felony-class.htm
Recent Felony Charges In Northwest Minnesota

Criminal Charges

museum-criminal-charges

What is the charging document in a criminal case?

A charging document in a criminal case is first written notice of criminal charges.  A criminal Complaintand a Grand Jury Indictmentare the two main types of charging documents.  A prosecuting attorney writes them.

A police officer can also write a citationcharging a misdemeanor or petty misdemeanor in Minnesota.  We also often call many of these a traffic ticket or a traffic citation, and a tab charge.

When a police officer writes citations tab charging a petty misdemeanor or misdemeanor; they are subject to review by a prosecuting attorney.

The prosecutor or police officer writing the charging document must:

  • give a copy to the person accused, and
  • file it with the court. 

The type of charging document used depends upon the severity level of the criminal charge

The filing of the charging document is a significant step in the court process.

Criminal Attorney Thomas Gallagher explains criminal charges, Complaints, Indictments

Criminal Charges

The criminal justice system separates the investigation, from the charging decision.

A police investigation should be independent and complete before prosecutors make a charging decision. 

After police complete their investigation, they clear their case, wrap it up; they then may deliver documentation of their investigation to prosecutors.

Then an experienced prosecutor reviews case investigation files received from police, and begins their review in consideration of criminal charges.

The word &#;charge&#; means an unproven claim. Prosecutors charge a crime when they believe, with their second-hand information; that they have &#;probable cause&#; that a person committed a crime.

Traditionally, prosecutors sought to charge the most serious, provable offense.  In doing so, they use prosecutor discretion to prioritize based both on limited resources and the interests of justice.  Not every case where some evidence of a crime exists can or will be prosecuted.  And of course many people who face criminal charges turn out to have been falsely accused; to have been innocent-in-fact.

Prosecutors have a general duty of fairness. The prosecutor “may prosecute with earnestness and vigor — indeed, he should do so. But, while he may strike hard blows, he is not at liberty to strike foul ones.”

The United States Supreme Court, in Berger v. United States, () U.S. 78, 88).

Complaint, or Indictment

When a prosecutor decides to prosecute a person based on a claim, they prepare a charging document. And then they file it with the court.  The two main types of charging documents are a criminal Complaint and a Grand Jury Indictment.  Both contain criminal charges.

Courthouse in Minneapolis, the Hennepin County Government Center

An Indictment documents the decision of a Grand Jury. A prosecutor convenes a Grand Jury to consider available information on whether to file criminal charges against a person. 

Only one-side presents to the Grand Jury.  There is no defense lawyer, no judge.  The prosecuting attorney is the only voice present, other than witnesses and members of the Grand Jury. 

An Indictment filed with the court is a charging document.  Prosecutors use Indictments in both Minnesota state and federal Courts.

But prosecutors use them more in federal court.

Most cases in Minnesota District Court begin with a charging document called a Complaint.  (In United States District Court, the alternative to criminal charges in an Indictment, is an Information or a Complaint.)

A criminal Complaint must include probable cause claims and allegations signed under oath; filed by a prosecuting attorney claiming a person committed a crime.

The filing of a Complaint with the District Court is an important marker of where an accused person stands.  Before, the person may be a witness, a suspect or a targetBut after, the person is may be a defendant with a pending criminal case.

A prosecutor may mail the defendant the Complaint with a Summonslisting a court appearance date for arraignment; or, may cause the court to issue an Arrest Warrant.

Don&#;t let them hang a false criminal charge on you. indictment.

Defense Motions to Dismiss the Complaint

A criminal defense lawyer, like Thomas Gallagher, can ask a judge to dismiss criminal charges in the Complaint. 

We ask with a Motion to Dismiss, sometimes with a Motion to Suppress Illegal Evidence. 

The judge hears these pretrial defense motions at the Contested Omnibus Hearing

When the judge agrees, the court dismisses some of the criminal charges, or the entire Complaint.

Attorney Thomas Gallagher has successfully moved to dismiss where the prosecutor made a mistake; or failed to allege facts that would equate to guilt of the crimecharged.  He&#;s also been successful persuading a judge to suppress evidence.  And then evidence was lacking to support the charge.

Citation or Tab Charge

In most cases involving traffic violation claims, a police officer issues the driver a uniform traffic citation, or traffic ticket. And the citation requires a response of either payment of a &#;payable&#; violation or a court appearance.  (A &#;payable&#; offense offers payment without appearance.) Sometimes there is a court date to appear on the citation.  Though most are, not all citations written by police officers are traffic tickets.

And today most courts require the person cited to contact the court to arrange a court date.

A &#;tab charge&#;contains criminal charges without a written Complaint.  Prosecutors can file tab charges, too.

Court rules require a Complaint in felony and most gross misdemeanor cases.

But they do not require a Complaint in simple misdemeanor case, unless demanded by the defendant.

A tab charge simply lists the Minnesota Statute Section that the police officer claims to be a violation.  While a Complaint includes claims of facts asserted to show probable cause of guilt; a tab charge does not. 

A Minnesota traffic ticket or citation includes a tab charge

A traffic ticket tab charges a traffic violation.

An example of a tab charge could be, &#;Disorderly Conduct, Minnesota Statutes Section , Subd. 1 (3),&#; with no allegations of fact.  (Note that even though the defendant has the right to demand a written Complaint from the prosecutor; defense attorneys rarely view making such a demand as helpful.)

A citation is different from a tab charge.  It is a type of Summons to appear in court with a tab charge. But prosecutor can add a tab charge in court, for example.  And both are for non-felony cases.

&#;Do I need a lawyer now that I have criminal charges?&#; 

After charges, you now need a Minnesota criminal defense lawyer.

Gallagher Criminal Defense logo

After an arrest on an arrest warrant, or if in jail on a probable cause hold; the court will soon hold a Bail Hearing.

So learn about How to Get Out of Jail After Arrest – Tips for Getting Her Out.

And after that comes the Arraignment or First Appearance.

Do you have a question about Minnesota criminal charges? 

Call Minneapolis Criminal Lawyer Thomas Gallagher at

Sours: https://gallagherdefense.com/court-process/criminal-charges-mn/

Charges minnesota criminal

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R. Kelly Faces New Sex Crime Charges In Minnesota

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