Olmsted County Work Release Center Criminal Court Process
Criminal Court Process for Olmsted County Minnesota
Rochester is the county seat of Olmsted County and home to its District Court, the busiest trial court in Minnesota's Third Judicial District. Criminal hearings are held in the Olmsted County Government Center downtown. The Olmsted County Attorney prosecutes all felonies, all juvenile delinquency cases and lower-level offenses from the townships, while the Rochester City Attorney and the prosecutors for Stewartville, Byron, Eyota and other cities bring misdemeanor and gross misdemeanor charges arising within their limits. Adults arrested in the county are held at the Olmsted County Adult Detention Center, operated by the Sheriff a block from the courthouse.
- Olmsted County District Court (Third Judicial District), Court Administration, Olmsted County Government Center, 151 Fourth Street S.E., 5th Floor, Rochester, MN 55904, (507) 722-7264
- Olmsted County Attorney's Office, Olmsted County Government Center, 151 Fourth Street S.E., Rochester, MN 55904, (507) 328-7600
- Third Judicial District Public Defender, Rochester office (State Board of Public Defense), representing eligible adults and juveniles in Olmsted County; Olmsted County clients can reach its Rochester office at 206 South Broadway, Suite 500, Rochester, MN 55904, (507) 285-7370
- Olmsted County Adult Detention Center (Olmsted County Sheriff's Office), 101 Fourth Street S.E., Rochester, MN 55904
- Third Judicial District Administration (does not hear cases), 1696 Greenview Drive S.W., Rochester, MN 55902, (507) 722-7250
Which court hears your case. No city in Olmsted County has its own court, so a Rochester parking-related petty misdemeanor and a first-degree assault case are both filed with the Olmsted County District Court. The level of the charge determines who prosecutes it and which hearings follow. Misdemeanors and gross misdemeanors that happen inside Rochester are prosecuted by the Rochester City Attorney's Office, and smaller cities use their own city attorney or a law firm under contract. The same offenses committed in a township are prosecuted by the Olmsted County Attorney, and every felony in the county, wherever it occurs, is the County Attorney's case.
Where pretrial detainees are held. People arrested by the Rochester Police Department, the Olmsted County Sheriff's Office, the State Patrol or a smaller city's police are booked into the Olmsted County Adult Detention Center at 101 Fourth Street S.E. in downtown Rochester. Those who are not released stay there while their case is pending and are brought to the Government Center courtrooms, or appear by video, for hearings. Youth under 18 are not held in this facility.
- The Olmsted County courthouse and court calendars
- What happens after an arrest in Olmsted County
- The Olmsted County Adult Detention Center
- Getting a public defender in Olmsted County
- Prosecutors and diversion in Olmsted County
- Treatment and specialty courts
- Misdemeanor (for example, theft, a first DWI, fifth-degree assault, trespassing)
- Felony (for example, burglary, felony theft, drug sale, second-degree assault)
- Violent felony (for example, murder, criminal sexual conduct, aggravated robbery)
- Juveniles (under 18) arrested in Olmsted County
- Federal cases (U.S. District Court) from Olmsted County
The Olmsted County courthouse and court calendars
All Olmsted County criminal courtrooms are in the Government Center at 151 Fourth Street S.E. in Rochester, and Court Administration is on the fifth floor. That office accepts filings, collects fines, answers questions about hearing dates and can tell you which courtroom your case is assigned to. Its phone number is (507) 722-7264. Expect to pass through security screening at the entrance, and plan time for parking downtown.
Olmsted County is the largest of the eleven counties in the Third Judicial District, which also includes Dodge, Fillmore, Freeborn, Houston, Mower, Rice, Steele, Wabasha, Waseca and Winona. Judges are elected district-wide, but most of those chambered in Rochester hear Olmsted cases. The district's administration office on Greenview Drive S.W. handles scheduling and management and does not take case filings.
Tips for your court date
- Arrive early; criminal calendars in Rochester often list many cases at the same start time.
- Bring your citation, complaint or release paperwork so staff can find your file quickly.
- If you need an interpreter or a disability accommodation, tell Court Administration before the hearing.
- Some hearings, especially for people held at the Adult Detention Center, are conducted by video, and the judge may allow remote appearance in other situations.
What happens after an arrest in Olmsted County
Not every arrest in Rochester ends at the jail. For many misdemeanors the officer writes a citation that orders the person to appear in court and releases them on the spot. When someone is taken into custody, the timeline usually runs like this:
- Booking. At the Adult Detention Center, deputies record identifying information, take fingerprints and photographs, inventory property and check for warrants.
- Scheduled bail. For many misdemeanors and some gross misdemeanors, the court's bail schedule lets the person post a set amount and leave with a court date.
- Probable-cause review. When the arrest was made without a warrant, a judge must find probable cause within 48 hours.
- First appearance within 36 hours. A person still in custody must be brought before an Olmsted County judge within 36 hours of the arrest, not counting the day of arrest, Sundays and legal holidays. For felonies and gross misdemeanors this is the Rule 5 hearing; for misdemeanors it is the arraignment.
- Release decision. The judge may release the person on recognizance or set conditions. Minnesota judges typically set two bail amounts: a higher one with no conditions and a lower one that comes with conditions, such as no contact with an alleged victim, alcohol monitoring or regular check-ins. Commercial bail bonds are legal in Minnesota, so a bondsman can post either amount for a nonrefundable fee.
Before the first appearance, county probation or pretrial staff may interview the person and give the judge a pretrial evaluation covering ties to the community, criminal history and risk of missing court. Anyone released must keep a current address on file with Court Administration and attend every hearing; missing one can lead to a warrant and forfeited bail.
The Olmsted County Adult Detention Center
The Olmsted County Sheriff operates the Adult Detention Center at 101 Fourth Street S.E. in Rochester, next to the Government Center. It is the county's jail for adults awaiting trial as well as those serving local sentences. Pretrial detainees include people who could not post bail, people held on a warrant or probation violation, and anyone a judge has ordered held.
Family members who want to know whether someone is in custody, how much bail is, or how visits and deposits work should contact the Olmsted County Sheriff's Office. Bail set by a judge can usually be posted at the detention center, and a bail bond agent can also post it. When an inmate's case is resolved with a local jail sentence, it is generally served at the same facility, sometimes with work release if the judge allows it.
Getting a public defender in Olmsted County
Public defense in Olmsted County is provided by the Third Judicial District Public Defender, an office of the State Board of Public Defense, through its Rochester office. Its attorneys represent adults charged with felonies, gross misdemeanors and jailable misdemeanors, and juveniles in delinquency cases, when the person cannot afford a private lawyer.
Appointment happens in the courtroom. At the first appearance the judge asks whether the defendant wants a lawyer and reviews a financial statement covering income, assets and household size. Eligibility is income-based. People held at the Adult Detention Center are often appointed counsel at their first hearing and meet the attorney shortly afterward. If the public defender has a conflict, for instance because it already represents a co-defendant, the court arranges for other appointed counsel. Anyone who hires a private attorney later can have that lawyer substitute in.
Prosecutors and diversion in Olmsted County
Two kinds of prosecutors appear in Olmsted County courtrooms. The elected Olmsted County Attorney, whose office is in the Government Center and can be reached at (507) 328-7600, charges every felony in the county, all juvenile delinquency petitions, and misdemeanors and gross misdemeanors committed outside city limits. The office also has a victim-witness program that keeps crime victims informed. City prosecutors, led by the Rochester City Attorney's Office, handle lower-level crimes that occur inside their cities, which in practice means a large share of the misdemeanor calendar.
Both kinds of prosecutors have ways to resolve a case without a conviction. Pretrial diversion for adults generally involves a period of conditions, such as classes, restitution, community work or treatment, after which the charge is dismissed. Other common tools include a continuance for dismissal, in which the case is put on hold and dismissed if the person stays law-abiding, and a stay of adjudication, in which the judge accepts a plea but does not enter a conviction if probation is completed. Eligibility depends on the offense and the person's record; a defense lawyer can ask the prosecutor whether any of these options is available.
Treatment and specialty courts
Minnesota's district courts run treatment courts, sometimes called specialty or problem-solving courts, for defendants whose offenses are linked to addiction or mental illness. These include drug courts, DWI courts, veterans treatment courts and mental health courts. Participants are closely supervised, appear before the same judge on a frequent schedule, take random drug and alcohol tests and complete treatment, and in exchange they can avoid prison, have charges reduced or receive a shorter sentence.
Olmsted County participates in this model through treatment-court programs for eligible adults. Admission is not automatic: the prosecutor, defense attorney, probation and treatment providers all screen candidates, and many violent offenses are excluded. Defendants charged with repeat DWI or drug-driven felonies in Rochester should ask their attorney whether a treatment-court referral is possible, because it is usually raised before a plea is entered.
Misdemeanor (for example, theft, a first DWI, fifth-degree assault, trespassing)
This section covers Olmsted County's petty misdemeanors, misdemeanors and gross misdemeanors. A petty misdemeanor is not a crime and is limited to a fine of up to $300. A misdemeanor is punishable by up to 90 days in jail and a $1,000 fine, and a gross misdemeanor by up to 364 days and a $3,000 fine.
The Rochester misdemeanor calendar
The first hearing on a misdemeanor is the arraignment, either on the date written on the citation or, for someone held in custody, within the 36-hour limit. The judge explains the charge and rights, decides on a public defender, and sets release terms. A gross misdemeanor starts with a Rule 5 hearing instead, then follows a schedule close to that of a felony, including an omnibus hearing where the defense can challenge evidence. Next comes a pretrial conference with the Rochester City Attorney's Office or the County Attorney, where most cases resolve. If the case goes to trial, a six-person jury must reach a unanimous verdict.
Penalties that can apply in Olmsted County
- Theft in Rochester or elsewhere in Olmsted County: up to $500 is a misdemeanor; over $500 and up to $1,000 is a gross misdemeanor.
- Fifth-degree assault charged by Rochester prosecutors: a misdemeanor, which becomes a gross misdemeanor when the defendant has a qualifying prior.
- Trespassing on Olmsted County property: usually a misdemeanor.
- First DWI in Olmsted County: fourth-degree DWI is a misdemeanor. With one aggravating factor, such as a 0.16 or higher alcohol concentration, a child younger than 16 in the vehicle, or a test refusal, the charge becomes third-degree DWI, a gross misdemeanor. Every DWI requires a chemical use assessment, and the administrative license revocation proceeds separately from the court case. Aggravated cases may require ignition interlock and can bring license plate impoundment or vehicle forfeiture.
Lawyer and outcome
The Third Judicial District Public Defender's Rochester office represents eligible people facing a jailable misdemeanor. Typical outcomes are dismissal, a continuance for dismissal, a stay of adjudication, a fine, probation or a short stay at the Adult Detention Center. Olmsted County misdemeanor cases usually close within one to four months.
Felony (for example, burglary, felony theft, drug sale, second-degree assault)
Felonies, crimes punishable by more than a year in prison, are charged by the Olmsted County Attorney in a written complaint that sets out the facts supporting probable cause. A grand jury is convened only when the offense carries life imprisonment.
Steps in an Olmsted County felony
- Rule 5 first appearance. Within 36 hours for someone in custody, the judge reviews the complaint, appoints the public defender for those who qualify, and sets bail and release conditions.
- Rule 8 second appearance. The defendant receives the complaint and early discovery, and the court sets the omnibus date. Some cases resolve here.
- Omnibus hearing. The defense can argue that probable cause is lacking or that evidence should be suppressed because of an unlawful stop, search or statement.
- Pretrial or settlement conference. The County Attorney and defense negotiate; most Rochester felony cases end with a plea agreement.
- Trial. A jury of 12 must reach a unanimous verdict. Once a Rochester defendant files a speedy-trial demand, the trial has to start inside 60 days.
- Sentencing. A presentence investigation is completed by probation before the judge imposes sentence.
The sentencing guidelines and Olmsted County penalties
Olmsted County judges sentence felonies using the Minnesota Sentencing Guidelines grid, which combines the offense's severity level with the defendant's criminal history score to produce a presumptive sentence. That presumptive result is either stayed, meaning probation with possible local jail time, or executed, meaning prison. Departing from the grid requires substantial and compelling reasons stated on the record.
- Felony theft prosecuted in Rochester: more than $1,000 carries up to 5 years; more than $5,000, up to 10; more than $35,000, up to 20.
- Burglary in Olmsted County: up to 5 years for third degree, 10 years for second degree, and 20 years for first degree.
- First-degree controlled substance sale in Olmsted County: up to 30 years.
- Second-degree assault with a dangerous weapon: up to 7 years, and a mandatory minimum prison term applies if a firearm was used.
A stay of imposition is available in many cases; after a successful probation the Rochester felony is entered on the record as a misdemeanor. People sentenced to prison generally serve two-thirds of the term in custody and the remaining third on supervised release. An Olmsted County felony usually takes four months to a year to resolve.
Violent felony (for example, murder, criminal sexual conduct, aggravated robbery)
The most serious cases in Olmsted County move through the same stages, Rule 5, Rule 8, omnibus and pretrial, but bail is generally set high or with strict conditions, and many defendants remain at the Adult Detention Center throughout. A first-degree murder charge requires an indictment from an Olmsted County grand jury.
Maximum and presumptive sentences
- First-degree murder: life imprisonment. Premeditated murder and certain other forms carry life without the possibility of release; for the remaining first-degree offenses an Olmsted County defendant becomes parole-eligible only after 30 years. Minnesota abolished the death penalty in 1911.
- Second-degree murder: up to 40 years in prison.
- Third-degree murder: up to 25 years.
- First-degree criminal sexual conduct: up to 30 years, and the grid sets 144 months as the starting point for someone with no prior record.
- First-degree aggravated robbery: up to 20 years.
Victims' rights
Under Minnesota Statutes chapter 611A, victims in Olmsted County cases have the right to notice of key hearings and plea agreements, to be present in court, and to give an oral or written impact statement at sentencing. The County Attorney's victim-witness staff help victims use those rights.
Defense and timeline
Eligible defendants are represented by senior attorneys from the Third Judicial District Public Defender's Rochester office. Forensic analysis, expert witnesses, competency questions and extensive motions mean violent felony cases in Rochester typically take one to two years, and sometimes longer.
Juveniles (under 18) arrested in Olmsted County
Charges against a young person under 18 are heard in the juvenile division of the Olmsted County District Court at the Government Center. Even when the offense happened in Rochester, the Olmsted County Attorney, not the city, files the delinquency petition. Many youth are released to a parent or guardian after police contact. A youth who is held must have a detention hearing within 36 hours of being taken into custody, excluding weekends and holidays, and, since the Rochester juvenile facility closed, is placed at the Dakota County Juvenile Services Center in Hastings or the East Central Regional Juvenile Center in Lino Lakes rather than the Adult Detention Center.
Diversion and court outcomes
For first offenses, Olmsted County frequently uses diversion, where a young person completes conditions such as restitution, community work, an apology letter or counseling and no petition is filed. Youth who go through juvenile court can receive probation, treatment, out-of-home placement or other dispositions aimed at rehabilitation.
When a juvenile can face adult consequences
- Extended Jurisdiction Juvenile (EJJ): for some 14- to 17-year-olds, the case stays in juvenile court but the judge imposes both a juvenile disposition and a stayed adult sentence that can be executed if the youth violates the terms.
- Certification to adult court: the County Attorney can ask to transfer a youth 14 or older. For a 16- or 17-year-old in Olmsted County, adult court is the presumption when the charge carries a presumptive prison term or a firearm was used.
- First-degree murder: 16- and 17-year-olds charged with this offense are prosecuted as adults.
Juveniles have a right to counsel, and the Third Judicial District Public Defender represents those who qualify. Most Olmsted County juvenile court files are closed to the public, but certain felony matters involving youth 16 or older may be open.
Federal cases (U.S. District Court) from Olmsted County
An Olmsted County case charged under federal law is heard about 80 miles north of Rochester. The county is part of the District of Minnesota and is assigned to the Third Division, based at the Warren E. Burger Federal Building and U.S. Courthouse, 316 N. Robert Street, St. Paul, MN 55101. Jurors for a trial arising in Olmsted County report to St. Paul, and the first hearings are often held there or at the Minneapolis courthouse.
How a Rochester-area case becomes federal
Federal cases are built by the FBI, DEA, ATF, Homeland Security Investigations, IRS Criminal Investigation and the U.S. Postal Inspection Service. Common Rochester-area subjects:
- drug trafficking, particularly larger quantities of methamphetamine or fentanyl, or supply lines crossing state borders along Highway 52 and Interstate 90;
- firearms crimes, especially possession by someone with a felony conviction;
- health-care, investment, bank and wire fraud;
- child exploitation offenses involving the internet;
- bank robbery and immigration offenses.
A case first booked into the Adult Detention Center can be "adopted" by the U.S. Attorney, and because the state and the United States are separate sovereigns, one act can lead to charges in both systems.
The federal offices
Prosecutions are handled by the U.S. Attorney's Office for the District of Minnesota, which has an office beside the Third Division courthouse at 316 N. Robert Street, Suite 404, St. Paul, MN 55101, (651) 848-1950, and its main office at U.S. Courthouse, 300 S. 4th Street, Suite 600, Minneapolis, MN 55415, (612) 664-5600. A defendant who cannot afford a lawyer is represented by the Office of the Federal Defender, 107 U.S. Courthouse, 300 S. 4th Street, Minneapolis, MN 55415, (612) 664-5858; if that office has a conflict, the judge appoints a private attorney from the CJA panel. The U.S. Marshals Service maintains custody of federal defendants and can be reached in St. Paul at (651) 848-1435 or in Minneapolis at (612) 664-5900.
Steps from arrest to judgment
First appearance. After an arrest by federal agents, or on a federal warrant or indictment, the person is brought before a U.S. magistrate judge, who explains the charges and appoints counsel for those who qualify.
Release or detention. When the government asks to keep a defendant in custody, a detention hearing is usually held within three court days. The Bail Reform Act requires release on the least restrictive conditions, supervised by U.S. Probation and Pretrial Services, unless no conditions will reasonably assure the person's appearance and the community's safety. Money bail is rare, and bondsmen play no part.
Charging and arraignment. A case begun by complaint needs a grand jury indictment within 30 days of arrest unless a preliminary hearing is held; arraignment follows.
Trial or plea. The Speedy Trial Act calls for trial within 70 days of indictment or first appearance, but continuances are frequent in complex cases. Most federal cases end in plea agreements. Federal trial juries have 12 members, all of whom must agree.
Sentencing and appeal. Sentencing usually takes place about three months after a plea or verdict, once U.S. Probation completes a presentence report. The judge consults the advisory U.S. Sentencing Guidelines and must impose any mandatory minimum. The federal system has no parole: with good-conduct time, people serve at least about 85% of the sentence in a Bureau of Prisons facility and then a term of supervised release. Appeals go to the U.S. Court of Appeals for the Eighth Circuit.
Where federal prisoners are held
Pretrial federal detainees are housed by the Marshals in county jails under contract across Minnesota, and sometimes in other states, so someone arrested in Rochester may be moved out of Olmsted County before the first hearing in St. Paul. Families should call the Marshals to learn where a person is. Rochester is also home to the Federal Medical Center, a Bureau of Prisons facility for people in federal custody who need medical or mental-health care; it is a prison, and a family should not assume that someone just arrested in Olmsted County is there. Sentenced federal prisoners can be found through the Bureau of Prisons inmate locator.
Federal prosecutors rarely bring cases against people under 18; most Olmsted County juveniles stay in the state system.
This guide describes the general flow of criminal and juvenile cases in Olmsted County and is not a substitute for legal advice. Anyone charged should consult a defense attorney or ask the judge at the first hearing to appoint the Third Judicial District Public Defender's Rochester office. For dates and records, call Olmsted County Court Administration at (507) 722-7264.
Criminal Court Process for Olmsted County Minnesota
Olmsted County Minnesota Criminal Court System - Definitions
It might be helpful to define some words that will be used on this site, when explaining the Minnesota Court System and how it works. The definitions on this site are for general information and not legal advice. It is always preferred to follow information given by your attorney or local authorities.
If you scroll down below this content, and the listing of the courts in Olmsted County, you will find a simple flowchart diagram and a video that will help you visualize the stages of the Criminal Court Process.
Arrest is when Minnesota, Olmsted County, or local police take a person into custody and start the legal process. The arrested person may or may not be immediately jailed.
In less serious crimes, the person may only be given a citation ordering that they appear in municipal or Olmsted County court on a certain date. In cases involving more serious crimes, the person is usually placed in the Olmsted County jail until an arraignment, or a judge decides the next step.
Booking is when the sheriff or local police gather information such as the detainee’s name, address and why the person is being arrested. Booking also includes fingerprinting, criminal history, investigation and verification of identity. Bail for lower-level crimes may be set right after booking so the arrested has the opportunity to “bail or bond out” before being detained.
The prosecution, sometimes called “the government” or “the people” or “the state” is the side that press the charges and seeks punishment for the offense. These are attorneys that work for the state of Minnesota, Olmsted County or a city or town. The prosecuting attorney for Olmsted County or the district is called the County Attorney or Assistant County Attorney. A U.S. Attorney prosecutes federal cases.
Jurisdiction is an important term in the court system that means whether a court has the obligation or duty or right to handle a case. For example, if you run a red light in your town or city, a municipal court would likely have jurisdiction over your case, but the next town or city over would not have jurisdiction over your case. If you attempted to flee from police when they attempted to stop you after you ran the red light, it becomes a more serious crime, and the municipal court might not have jurisdiction so you might be assigned to a higher-level court that has jurisdiction over the more serious crime. Jurisdiction varies from state to state and sometimes county to county.
Arraignment is when a judge determines whether or not the charges are supported by the prosecution’s initial evidence and tells the arrested what they are charged with, and the person says whether they are guilty or not guilty. At this time, the person is called the defendant, and the opposing side is called the prosecution. If there is reason to believe that the arrested is guilty, the judge will set bail conditions or send the defendant to jail or release them ROR (release on recognizances). An arraignment is not a trial, and the defendant is entitled to a trial within a reasonable amount of time after the arraignment.
Bail is money paid that is held by Olmsted County or municipal court to make sure that the arrested does not flee the area before their trial. Bail amounts and other conditions are determined at the arraignment.
Once the case is over, the bail money is returned to the defendant. If a person does not pay bail, they remain in the Olmsted County jail until their trial.
Bail can be denied if the court feels that the arrested would be a danger to others if released. Sometimes the court decides that there is a good chance that the arrested will show up for trial and not flee so they are released on their own promise, or recognizance without having to pay bail.
A bond proceeding is the determination of how much bail is to be paid and usually happens at the same time as an arraignment. During bond proceedings, the defendant can have an attorney present but does not have the right to an attorney. Jailors, law enforcement and prosecutors generally do not have authority to set bail. A judge or court officer in Olmsted County or municipal court sets bail. Judges in Minnesota rely on a statewide bail schedule, which sets out a recommended range of bail amounts for different offenses. Judges can still exercise discretion in setting bail above or below the recommended range.
It is always important to have family involvement after being arrested. Not only can they make calls and communicate on your behalf (not all bond companies will accept collect calls), but family support will show the court that there are people who will make sure that the defendant makes it to court, not only for the defendant’s own good, but because they may have signed bond paperwork and responsible to pay if the defendant does not show in court. Chances of obtaining a bond from a bond company or clerk of court are better if family is involved.
(There have been phone scams to where a bond company calls and informs a person that their family member has been arrested and they ask for financial information. A bondsman will not call asking for money without involvement of the arrested.)
A judicial public bond or personal recognizance bond is a bond where someone representing the defendant signs paperwork promising to pay the money if the defendant does not show up to court. If the defendant does not show, the full amount will be due and the people who signed the paperwork will be responsible to pay the court. Sometimes the court decides that there is a good chance that the arrested will show up for trial and not flee so they are released on their own promise, or recognizance.
Cash percentage in lieu of bonds. If the bond order permits, the defendant pays a percentage of the amount, (sometimes up to 100%) to the court, which then holds the money until the case is over. The amount is returned if the defendant is acquitted or the case is dismissed, or it can be used toward paying any court fines incurred by the defendant.
Surety Bond is when defendant pays a percentage of the bond amount (usually 10–15%) to a professional bondsman or bail bond company licensed to do business in Minnesota, Olmsted County. The bondsman then signs the bond on behalf of the defendant. The defendant does not receive any of the money back. If the bondsman feels the defendant is a flight risk, they can refuse to give a bond or charge a higher fee. For example, a bondsman may determine a defendant is a flight risk if they are from a state other than Minnesota.
A Property Bond is a bond in which the bond is pledged in land or home real estate (mobile homes are not accepted). Usually, the property must be in Olmsted County, and it must be worth at least the amount of the bond.
A Secured Bond is when the defendant pays a portion of the bail up front. If they show to court, they would get the money back and if they don’t show up to court, would have to pay the entire bail amount.
A criminal defense attorney (also called lawyer or counsel) is hired or retained to represent the arrested as early as possible after the arrest. If there is a chance that the case might go to trial and the defendant cannot afford an attorney, the 6th Amendment of the U.S. Constitution requires that the court provide an attorney. This is called indigent representation and a public defender or assigned attorney would represent the defendant in all proceedings. Indigent representation is only available misdemeanor and felony cases that could result in jail time, juvenile cases and certain appeal cases.
Indigent representation is only available misdemeanor and felony cases that could result in jail time, juvenile cases and certain appeal cases. There is a chief public defender in each of Minnesota’s 10 judicial districts who oversees indigent care needs whether by a public defender or an attorney who is contracted at a reduced rate. The time to ask for indigent representation is as soon as possible to avoid errors while not represented.
For less serious cases or civil cases, there are pro bono volunteers who volunteer legal services for free or for a small fee. They often will hold clinics to teach people how to represent themselves in court or expunge their record which means to legally erase or eliminate a criminal or arrest record from public view. This website provides contact information for pro bono services in Minnesota:
Many courts will provide forms and help for people who want to represent themselves, called pro se. Here is a link for legal self-help centers in Minnesota.
A district court can refer to the first level of the legal system, or a minor court. District courts are located in the community. A district court can also refer to a U.S. Federal District Court that hears federal cases. There is one U.S. federal district court in Minnesota, with offices throughout the state. It is important that you check the address of the court you are to appear in rather than to ask someone because that person might give you directions to the wrong “district” court. Being late to court can land you in custody as well.
Pretrial proceeding is the process where both sides (prosecution and defense) gather information, interview witnesses, request records, videos etc. Pretrial proceedings also include communications with the judge assigned to the case and these appearances are either in person or by on-line conferencing. Some pretrial proceedings may not require a defendant’s appearance, allowing an attorney to appear in their place. The information that is gathered is called discovery and both sides must share the information that they have gathered. This information does not include conversations between the arrested and their attorney.
Most cases do not go to trial because both sides reach a plea deal, where both sides try to reach a reasonable punishment based on what was learned in the pretrial proceedings. A plea deal can only happen if the accused person admits they are guilty in exchange for a lighter punishment. The reason they must admit guilt is because it would not be fair to punish someone who claims they are not guilty. There are times in plea bargaining when the prosecution agrees to give a lighter sentence in exchange for information leading to the arrest of more serious criminal related to the crime.
Trial is where both sides share their information in front of a judge or a judge and jury. After listening to all the evidence, the judge or jury decides the verdict which is whether if the person is guilty or not guilty. If a court has only a judge hearing both sides, it is called a bench trial. If a jury is selected, it is called a jury trial. If the defendant is found non-guilty, they are released. If they are found to be guilty, the next step is sentencing.
Sentencing is the punishment that the judge decides the person should get. This could be jail or prison time, fines, community service, probation, or a combination.
Appeal is asking for a higher court to hear the case again at an appellate court. If the accused person thinks something went wrong at trial or has new information that was not available during the trial or that the sentence is too harsh, the defense attorney can ask for an appeal. It is not unusual for an appeal when there is a long jail sentence, but an appeal can be denied if the appellate court feels that the original trial or sentencing was fair.
Minnesota Felony vs Misdemeanor
The level of a criminal offense in Minnesota is tied to the potential penalty for a violation. For example, a misdemeanor crime is punishable by up to 90 days of incarceration, up to a $1,000 fine, or both.
Specific examples of misdemeanor offenses include simple assault, first-time driving while under the influence (DWI), and theft of property valued at less than $500. Some misdemeanors are deemed “payable,” meaning that a guilty plea can be accepted via mail by paying a fine. No court appearance is necessary in those cases.
Petty misdemeanors are less severe than a misdemeanor and are only punishable by a fine of no more than $300. An arrest cannot be made for a petty misdemeanor, and a judge cannot sentence someone to serve jail time for a petty misdemeanor conviction. Examples of petty misdemeanors include parking offenses and some minor drug crimes. In some cases, a misdemeanor offense can be deemed a petty misdemeanor for the purposes of sentencing. This is usually the result of a plea bargain agreement between the prosecutor and offender.
Minnesota also has a gross misdemeanor category of offenses that are considered more serious than a misdemeanor but less serious than a felony. A gross misdemeanor is punishable by up to 1 year in jail, up to a $3,000 fine, or both. Examples of gross misdemeanor offenses include prostitution, a second or subsequent DWI, or theft of property valued at more than $500 but less than $1000.
A felony is the most serious and is punishable by more than one year in prison. Examples of felony crimes are murder, rape, theft, aggravated assault, drug trafficking, kidnapping, and identity theft. Incarceration as the result of a felony conviction is carried out at a state-level prison, as opposed to a jail or county workhouse, where those convicted of a misdemeanor or gross misdemeanor may serve their time.
The Olmsted County Clerk of Court is an elected official whose responsibilities for Criminal Court’s administrative issues include receiving criminal warrants, receiving bail, creating the trial schedule, receiving fees, fines and maintaining court records.
A warrant is used to get someone to appear in court or to law enforcement. There must be good reason to believe that the person is involved in a crime. The warrant gives authority to arrest the person and search for evidence for the investigation of the crime.
A criminal summons is issued to request that a person appear in court at a particular time and date. It does not involve an arrest. A traffic ticket, summary citation or lesser misdemeanor could be considered a summons if you are given a court date.
A summary citation, commonly referred to as a ticket, is a criminal summons by a law enforcement officer either in person or via mail accusing the defendant of a minor offense, stating potential fine, listing the court having jurisdiction and instructions for addressing the issue. Defendants may or may not be required to appear in court or handle the matter by entering a plea via mail.
Fines are usually paid to the District Court or clerk of court and payment methods can be found on the District Court or Olmsted County County Clerk of Court website. If you do not pay your fine on time, you can lose your driver’s license, have to pay additional fees or even have a warrant for your arrest. It is important to read the instructions on the ticket issued by the police officer or court at the time of your arrest. For a parking ticket or summary citation, the fine amount and how to send payment should be on the ticket.
Minnesota Criminal Court System - How it Works
Municipal courts handle violations of municipal ordinances (city laws), traffic violations, parking violations, and misdemeanor offenses that occur within the city’s police jurisdiction. Not all cities or towns in Minnesota have municipal courts and, instead, may use the district courts for any and all offenses that occur within the city.
District courts in Minnesota can be city-wide or county-wide and can combine several counties into one district. The Minnesota state district courts handle all criminal cases: traffic, misdemeanor, gross misdemeanor, and felony offenses from beginning to end unless the case is dealt with in a Municipal court. The district court is the only court in Minnesota that handles felony cases. Juvenile cases are heard in a separate division of the district court.
Specialty courts or problem-solving courts are being adopted in many states to handle cases that involve non-violent and first-time offenders. This allows the offender to retain a job or meet other responsibilities while following specific orders of the court. The conditions may include routine ongoing court appearances, periodic evaluations, or testing for drugs or alcohol. Minnesota calls these courts treatment courts, and the divisions of treatment courts include adult drug, DWI, family dependency, mental health, and veteran’s treatment courts.
Juvenile Justice system in Minnesota: All of the above applies only to adult offenders. Persons under 18 who are charged with criminal behavior are seen by judges in the juvenile court, which is a separate division of the Minnesota district court. These courts take a strongly rehabilitative approach that involves not only the child but also the family or caretaker, school system, and community providers.
If the offense committed by the juvenile is serious (rape, robbery, or murder, for example), the court may certify the child as an adult and refer them to the adult court system for the same type of processing as any other adult. That is somewhat rare and is reserved only for the most serious types of criminal behavior.
The following link provides further information on the Minnesota juvenile court processes.
The Minnesota Supreme Court is like our United States’ Supreme Court because it has a panel of judges that rule on matters that have to do with someone’s constitutional rights or policies and laws. The Minnesota State Supreme Court deals with the state constitution or laws or policies. Sometimes the Supreme Court will hear criminal cases on appeal when there is question on the state laws or procedures that lead to the appeal.
The criminal cases are usually referred from the district courts of appeal.
FEDERAL COURT
Federal Court deals with crimes involving violations of United States laws. Federal crimes include federal drug trafficking, federal tax evasion and fraud that crossed state lines and include crimes that occur on federal property as post offices or federal buildings.
Cases involving crimes that involve the FBI or DEA or Immigration agencies are federal crimes. Terrorism is a federal crime.
There are some differences in the Federal court system as compared to the Minnesota state court system. For example, the attorneys who work for the courts are called United States Attorneys and Federal judges are called District Court Judges (not to be confused by local state district courts).
Federal Magistrate Judges hear the case early on, but they do not decide on the cases at a trial like the Federal District Court Judges. In a federal case, a grand jury is used for indictments.
There is one U.S. Federal Judicial District in Minnesota.
