Criminal charges filed in Mower County are heard by the Mower County District Court in Austin, the county seat, which belongs to Minnesota's Third Judicial District. The elected Mower County Attorney handles every felony and juvenile case, while lower-level offenses that happen inside Austin or another city are generally brought by that city's prosecuting attorney. People arrested anywhere in the county are booked into the Mower County Jail in Austin, which the Sheriff operates.

• Mower County District Court (Third Judicial District), Court Administration, 201 Second Avenue N.E., Austin, MN 55912, (507) 509-7013
• Mower County Attorney's Office, Austin, (507) 437-9428
• Third Judicial District Public Defender (State Board of Public Defense), the office assigned to Mower County cases; Mower County clients can reach its Austin office at 109 North Main Street, Suite 1, Austin, MN 55912, (507) 741-6901
• Mower County Jail (Mower County Sheriff), 201 Second Avenue NE, Suite 4, Austin, MN 55912

Which court hears your case. Minnesota has no municipal or city courts, so a speeding-related petty misdemeanor, a shoplifting charge and a burglary indictment from Mower County all land in the same District Court in Austin. The charge level is what shifts the prosecutor and the hearings an Austin defendant will face. A misdemeanor or gross misdemeanor from within Austin, Grand Meadow, Adams or another city is normally prosecuted by that city's attorney or a private lawyer the city hires, an offense in a rural township goes to the Mower County Attorney, and any felony is always the County Attorney's case.

Where pretrial detainees are held. Anyone kept in custody after an arrest by the Austin Police Department, the Mower County Sheriff's Office or the State Patrol is held at the Mower County Jail, 201 Second Avenue NE, Suite 4, in Austin, until a judge releases them or bail is posted. The jail sits a short walk from the courthouse, and in-custody defendants often appear before the judge by video from the facility.

Mower County lower-level cases come in three tiers. A petty misdemeanor is not legally a crime and can only bring a fine of up to $300. A misdemeanor carries as much as 90 days in jail and a $1,000 fine. A gross misdemeanor raises the ceiling to 364 days and $3,000.

From the arrest to the first hearing in Austin

Many people stopped for a misdemeanor in Mower County are handed a citation with a court date and never booked. Others are taken to the jail in Austin and released once they post the amount on the court's bail schedule. A person who stays locked up must see a judge within 36 hours, a clock that leaves out the day of arrest, Sundays and legal holidays. At that arraignment the judge explains the charge and the person's rights, decides on a public defender, and sets release terms. Judges in the Third District typically name two bail figures: a higher one with no strings attached and a lower one that comes with conditions such as no contact with an alleged victim or no use of alcohol. A bail bond company may post the money, which is legal in Minnesota.

Who prosecutes and what follows

Austin's city attorney prosecutes misdemeanors and gross misdemeanors that occur in the city; township cases belong to the Mower County Attorney. After arraignment comes a pretrial conference where the prosecutor and defense discuss the evidence and any offer. If the case does not settle, the defendant can choose a trial before six jurors, who must all agree, or a trial before the judge.

Lawyer for a misdemeanor

If a jail sentence is possible and the person cannot afford counsel, the judge appoints the Third Judicial District Public Defender. Eligibility depends on income and is decided at the first appearance; bring a list of household income and expenses.

Penalties a Mower County judge can impose

• Theft in Mower County: stolen property worth $500 or less is a misdemeanor; between $500 and $1,000 it becomes a gross misdemeanor.
• Fifth-degree assault in Austin or the townships: a misdemeanor, upgraded to a gross misdemeanor for someone with a qualifying prior.
• Trespassing: usually a misdemeanor charged in the Mower County District Court.
• A first DWI stop in Mower County: fourth-degree DWI is a misdemeanor; it becomes a third-degree gross misdemeanor with one aggravating factor such as an alcohol concentration of 0.16 or more, a child under 16 in the vehicle, or refusing a test. Expect a chemical use assessment, plus a separate administrative license revocation, and in aggravated cases ignition interlock, plate impoundment or forfeiture of the vehicle.

Possible outcomes and time frame

Common results include outright dismissal, a continuance for dismissal, a stay of adjudication that leaves no conviction once probation is finished, a fine, probation or a short jail stay. Most misdemeanor files in Mower County close within one to four months.

Any offense that can bring more than a year in prison is a felony, and in Mower County each one is charged by the County Attorney through a written complaint filed in Austin. A grand jury is not used except for charges that carry life imprisonment.

Rule 5 and Rule 8 hearings

A person held on a felony goes before a Mower County judge for a Rule 5 first appearance within the same 36-hour window. The judge reads the complaint, appoints the public defender for anyone who qualifies, and sets bail and conditions. Probation staff may complete a pretrial evaluation that the judge can consider. A Rule 8 hearing follows, where the defendant receives the evidence gathered so far and the court schedules the next steps.

The omnibus hearing and settlement talks

At the omnibus hearing the defense can challenge whether the complaint shows probable cause and ask the Mower County judge to suppress evidence collected unlawfully, such as the results of a search. A pretrial or settlement conference usually comes next. Most cases end in a plea agreement. A felony trial in Austin uses a 12-person jury that must reach a unanimous verdict. Defendants who demand a speedy trial must be tried within 60 days of the demand.

Representation in felony cases

The Third Judicial District Public Defender represents qualifying adults in Mower County felony cases from the first appearance through sentencing. When there is a conflict, such as two co-defendants, the court arranges for a different appointed lawyer.

Sentencing under the guidelines

Before sentencing, a probation agent prepares a presentence investigation. Mower County judges then apply the Minnesota Sentencing Guidelines grid, which compares the severity of the offense with the defendant's criminal history score to produce a presumptive sentence that is either stayed (probation) or executed (prison). Moving away from that presumptive result requires the Austin judge to cite substantial and compelling reasons.

• Theft charged in Mower County: over $1,000 up to 5 years; over $5,000 up to 10 years; over $35,000 up to 20 years.
• Burglary in Austin and the rest of the county: third degree up to 5 years, second degree up to 10, first degree up to 20.
• Second-degree assault with a dangerous weapon: up to 7 years, with a mandatory minimum term when a firearm is involved.
• First-degree drug sale: up to 30 years.

A stay of imposition is a common option for a first-time offender: if probation is completed, the record shows a misdemeanor rather than a felony. Prison sentences are generally served two-thirds in custody and one-third on supervised release. A Mower County felony case usually takes four months to a year.

The steps for a violent felony in Mower County mirror other felonies, but the stakes are higher at every stage. Bail is often set at a level few defendants can post, so many spend months in the Austin jail while the case is pending. A first-degree murder charge requires a grand jury indictment; other charges proceed by complaint.

Maximum sentences in the Third District

• First-degree murder: life in prison; premeditated murder and certain other forms bring life without parole, and other first-degree convictions allow parole consideration after 30 years. Minnesota abolished the death penalty in 1911.
• Second-degree murder: up to 40 years. Third-degree murder: up to 25 years.
• First-degree criminal sexual conduct: as much as 30 years; a first conviction in Mower County presumptively draws 144 months.
• First-degree aggravated robbery: up to 20 years.

Victims, lawyers and time

Under Minnesota Statutes chapter 611A, victims of Mower County crimes have the right to be notified of hearings, to attend, and to address the judge at sentencing. The Third Judicial District Public Defender's most experienced trial attorneys usually take these cases for eligible defendants. Because of lab testing, expert witnesses and motions, violent felony cases commonly run one to two years or longer.

Young people under 18 are handled by the juvenile division of the Mower County District Court, not the adult calendar. The Mower County Attorney decides whether to file a delinquency petition. A youth who is not released to a parent must have a detention hearing within 36 hours of being taken into custody, excluding weekends and holidays, and is typically taken to the closest licensed center with an open bed, such as the Houston County juvenile detention center in Caledonia or the Dakota County Juvenile Services Center in Hastings, rather than the Austin adult jail.

For a first offense, Mower County youth are often offered diversion, which can mean restitution, community work or classes in place of formal charges. More serious cases can lead to Extended Jurisdiction Juvenile (EJJ) prosecution for some 14- to 17-year-olds, combining a juvenile disposition with a stayed adult sentence. Prosecutors may also ask to certify a youth 14 or older to adult court; certification is presumed for 16- and 17-year-olds charged with an offense carrying a presumptive prison sentence or committed with a firearm, and 16- and 17-year-olds charged with first-degree murder are tried as adults. Juveniles have a right to counsel, and the public defender represents those who qualify. Juvenile records are generally confidential, though some felony records for youth 16 and older can be public.

Austin lies near the junction of Interstates 90 and 35 close to the Iowa border, and some Mower County arrests are charged by federal prosecutors instead of the Mower County Attorney. In the District of Minnesota, the county belongs to the Third Division, so its federal cases go to St. Paul's Warren E. Burger Federal Building and U.S. Courthouse at 316 N. Robert Street, St. Paul, MN 55101. Jurors for a Mower County trial report to St. Paul, and early hearings are often held there or in Minneapolis.

Why a case might be federal. The investigating agency is often the giveaway: the FBI, DEA, ATF, Homeland Security Investigations, the IRS or U.S. Postal Inspectors. Interstate or high-volume drug trafficking, a felon in possession of a firearm, fraud, child exploitation, bank robbery and immigration offenses are familiar examples. An arrest by Austin police or Mower deputies can be adopted by the U.S. Attorney, and both Minnesota and the federal government may prosecute the same acts.

Federal offices. The U.S. Attorney's Office for the District of Minnesota has a St. Paul office at 316 N. Robert Street, Suite 404, St. Paul, MN 55101, (651) 848-1950, besides its Minneapolis headquarters at U.S. Courthouse, 300 S. 4th Street, Suite 600, Minneapolis, MN 55415, (612) 664-5600. Defendants without money for a lawyer get the Office of the Federal Defender, 107 U.S. Courthouse, 300 S. 4th Street, Minneapolis, MN 55415, (612) 664-5858, or a CJA panel attorney when the Defender has a conflict. Custody belongs to the U.S. Marshals Service, St. Paul (651) 848-1435 or Minneapolis (612) 664-5900.

The federal timeline:

• Initial appearance before a U.S. magistrate judge, who explains the case and appoints counsel.
• Detention hearing, usually within three court days if the prosecutor asks for one; release on conditions supervised by U.S. Probation and Pretrial Services, or detention under the Bail Reform Act. Money bail is rare and bondsmen do not operate in federal court.
• Indictment within 30 days of arrest when charges began by complaint (or a preliminary hearing), then arraignment.
• Trial or plea: trial is due within 70 days, but continuances are common and most cases end with a plea agreement. A jury of 12 must be unanimous.
• Sentencing about three months after conviction, based on a presentence report, the advisory Guidelines and any mandatory minimum. No parole; at least about 85% is served in the Bureau of Prisons, then supervised release.
• Appeal to the Eighth Circuit.

Where someone is held. The Marshals contract with county jails across Minnesota, and sometimes outside it, for pretrial federal prisoners, so a person arrested in Mower County may not remain at the jail on Second Avenue NE. The St. Paul or Minneapolis Marshals office can give families the location, and after sentencing the Bureau of Prisons inmate locator shows it. Very few people under 18 are charged federally.