Sherburne County's District Court sits in Elk River, the county seat, at the county government center on Business Center Drive, and it is one of the courts of Minnesota's Tenth Judicial District. Felony and juvenile prosecutions belong to the elected Sherburne County Attorney. Misdemeanors from cities such as Elk River, Big Lake, Becker and Zimmerman are generally prosecuted by those cities' attorneys. Adults taken into custody are held in the Sherburne County Jail in Elk River, which the Sheriff operates.
- Sherburne County District Court (Tenth Judicial District), 13880 Business Center Drive, Elk River, MN 55330, (763) 284-7140
- Sherburne County Attorney's Office, prosecutor for felonies, juvenile cases and township offenses, Elk River
- Tenth District Public Defender's Office (State Board of Public Defense), appointed counsel for Sherburne County defendants who qualify; Sherburne County clients can reach its Anoka office at 901 West Main Street, Suite 100, Anoka, MN 55303, (763) 422-3350
- Sherburne County Jail (Sherburne County Sheriff's Office), Elk River, Sheriff's Office (763) 765-3500
Which court hears your case. There is only one trial court for Sherburne County: the District Court in Elk River hears petty misdemeanors, misdemeanors, gross misdemeanors and felonies alike, because Minnesota has no separate city courts. The level of the charge determines the prosecutor and the sequence of hearings. A city's attorney, or a private firm the city has retained, normally prosecutes misdemeanors and gross misdemeanors that happen inside that city, while the Sherburne County Attorney takes those arising in townships along with every felony. The eastern part of St. Cloud lies in Sherburne County, so some St. Cloud arrests are filed in Elk River rather than in Stearns County.
Where pretrial detainees are held. Anyone arrested in Sherburne County and not released at the scene is booked at the Sherburne County Jail in Elk River, a large, state-licensed jail run by the Sheriff. Defendants who do not post bail or satisfy release conditions stay there until their case is resolved. Call the Sheriff's Office at (763) 765-3500 to ask about custody status or bail.
- 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 Sherburne County
- Federal cases (U.S. District Court) from Sherburne County
Misdemeanor (for example, theft, a first DWI, fifth-degree assault, trespassing)
Sherburne County's lowest-level cases, petty misdemeanors, misdemeanors and gross misdemeanors, usually begin with a citation or with booking at the Elk River jail. Many people leave the jail the same day after posting bail under the schedule or signing a promise to appear.
The 36-hour rule and release
Someone who stays in custody must be brought before a Tenth District judge within 36 hours, not counting the arrest day, Sundays or holidays, and a judge must review probable cause within 48 hours after a warrantless arrest. The judge may release the person on recognizance or with conditions such as no contact or no alcohol. If bail is used, Sherburne County judges usually set two amounts, one without conditions and a lower one that requires following conditions. Cash bail and bonds from commercial bail agents are both accepted in Minnesota.
Hearings and trial in Elk River
A misdemeanor proceeds through arraignment, a pretrial conference with the city or county prosecutor, and then a plea or a trial before a judge or a unanimous six-person jury. Gross misdemeanors open with a Rule 5 first appearance and include an omnibus hearing, though the jury is still six people. Defendants who cannot afford a lawyer can ask at the first hearing for the Tenth District Public Defender's Office.
Sherburne County penalty ranges
- Sherburne County petty misdemeanor: not a crime; Elk River judges can impose only a fine, capped at $300.
- Misdemeanor in Elk River court: up to 90 days and $1,000, for example theft of $500 or less, fifth-degree assault or trespass.
- Tenth District gross misdemeanor: up to 364 days and $3,000, covering theft between $500 and $1,000 and repeat fifth-degree assault.
- First DWI in Sherburne County: fourth-degree DWI, a misdemeanor punishable by up to 90 days and $1,000; one aggravating factor (a 0.16 or higher test, a child under 16 in the car, or refusal) makes it a third-degree gross misdemeanor with up to 364 days and $3,000. Administrative license revocation is a separate process, and ignition interlock, plate impoundment, possible vehicle forfeiture in aggravated cases and a chemical use assessment may follow.
Diversion, a continuance for dismissal, a stay of adjudication, probation or a fine are typical results for a first offense. These cases usually last one to four months.
Felony (for example, burglary, felony theft, drug sale, second-degree assault)
The Sherburne County Attorney charges felonies in a sworn complaint reviewed by a judge for probable cause; grand juries are used only for crimes carrying life imprisonment. At the Rule 5 first appearance in Elk River, the judge explains the charge, appoints the Tenth District Public Defender's Office for eligible defendants and sets bail and conditions.
What comes after the first appearance
A Rule 8 second appearance follows, when discovery is shared and early negotiations begin. The omnibus hearing lets the defense challenge probable cause and ask the judge to throw out evidence obtained through an unlawful search or interrogation. Settlement conferences come next. A case that goes to trial is decided by 12 jurors who must all agree, and a defendant who formally demands a speedy trial must be tried within 60 days of that demand. After a conviction, probation prepares a presentence investigation before sentencing.
Guidelines sentences in Sherburne County
Tenth District judges apply the Minnesota Sentencing Guidelines, which place each case on a grid by offense severity and criminal history score and produce a presumptive stayed or executed sentence. Departures require substantial and compelling reasons.
- Felony theft from Sherburne County: a Sherburne County theft conviction can bring up to 5 years when more than $1,000 was taken, 10 years past $5,000 and 20 years past $35,000.
- Elk River burglary cases: first-degree burglary carries up to 20 years, second-degree up to 10 and third-degree up to 5.
- Sherburne County drug sales: a first-degree sale offense is punishable by up to 30 years.
- Second-degree assault charged in Sherburne County: up to 7 years for assault with a dangerous weapon, plus a mandatory minimum if a firearm was used.
Lower-level felonies frequently end in probation with jail time in Elk River or a stay of imposition, which leaves a misdemeanor on the record once probation is done. A prison term is usually split two-thirds in custody and one-third on supervised release. Sherburne County felony cases generally take four to twelve months.
Violent felony (for example, murder, criminal sexual conduct, aggravated robbery)
Violent felony prosecutions in Sherburne County use the same District Court process, but bail is often set very high, and defendants frequently remain in the Elk River jail for months. First-degree murder is the one charge that must be presented to a grand jury.
- First-degree murder: life imprisonment, without the possibility of parole for premeditated murder and some other forms; other first-degree murder sentences allow parole consideration after 30 years. No Sherburne County defendant can face execution, because Minnesota ended the death penalty in 1911.
- Second-degree murder: up to 40 years; third-degree murder: up to 25 years.
- First-degree criminal sexual conduct: up to 30 years, and the presumptive sentence for a first offense is 144 months.
- First-degree aggravated robbery: up to 20 years.
Victims have rights under Minnesota Statutes chapter 611A to be told about hearings, to attend them and to address the court at sentencing. The Tenth District Public Defender's Office represents qualifying defendants. Expect these Sherburne County cases to take one to two years or longer.
Juveniles (under 18) arrested in Sherburne County
Cases involving youth under 18 are heard in the juvenile division of Sherburne County District Court in Elk River. The County Attorney decides whether to file a delinquency petition, and first offenses are frequently diverted to programs that avoid a formal court case. A youth who is detained is generally held at the East Central Regional Juvenile Center in Lino Lakes, which Sherburne County uses as a joint powers member, not the adult jail, and must receive a detention hearing within 36 hours of being taken into custody, excluding weekends and holidays.
The Tenth District Public Defender's Office represents juveniles who qualify. Some 14- to 17-year-olds may be prosecuted as Extended Jurisdiction Juveniles (EJJ), with a juvenile disposition and a stayed adult sentence. The Sherburne County Attorney can also move to certify a youth 14 or older for adult prosecution, and that certification is presumed for 16- and 17-year-olds whose alleged offense carries a presumptive prison sentence or involved a firearm. Sherburne County youths aged 16 or 17 who are charged with first-degree murder are prosecuted in adult court. Juvenile court records are generally confidential, though some felony records for youth 16 and older can become public.
Federal cases (U.S. District Court) from Sherburne County
Sherburne County is in Division 4 of the District of Minnesota, so federal criminal cases from Elk River, Big Lake, Becker, Zimmerman and the rest of the county are filed at the Diana E. Murphy U.S. Courthouse, 300 S. 4th Street, Minneapolis, MN 55415, roughly 35 miles down Highway 10 from the Elk River government center. Division 4 juries are drawn from that division, with jurors reporting to Minneapolis or St. Paul. The first hearings in a case are often held in Minneapolis or St. Paul as well. The Clerk of Court is at (612) 664-5000.
When charges become federal
A Sherburne County arrest leads to federal charges when the conduct breaks federal law, usually after an investigation by the FBI, DEA, ATF, Homeland Security Investigations, the Postal Inspection Service or IRS investigators. Typical cases include trafficking significant quantities of drugs or moving them across state lines, firearm possession by people with felony records and other gun crimes, fraud schemes, child exploitation, bank robbery and immigration violations. Federal prosecutors can adopt a case started by the Sheriff or a city police department, and the same conduct may be prosecuted by both Minnesota and the United States.
The players
Federal prosecutors work for the U.S. Attorney's Office for the District of Minnesota at U.S. Courthouse, 300 S. 4th Street, Suite 600, Minneapolis, MN 55415, (612) 664-5600, with a second office at 316 N. Robert Street, Suite 404, St. Paul, MN 55101, (651) 848-1950. Appointed defense comes from the Office of the Federal Defender, 107 U.S. Courthouse, 300 S. 4th Street, Minneapolis, MN 55415, (612) 664-5858, or from a private CJA panel attorney when the Defender has a conflict. The U.S. Marshals Service in Minneapolis, (612) 664-5900, has custody of federal defendants who are held.
From arrest to appeal
- Initial appearance. After an arrest by federal agents or on a federal warrant or indictment, a U.S. magistrate judge explains the charges and appoints a lawyer.
- Detention. When the government seeks it, a hearing is usually held within three court days. The Bail Reform Act requires release on conditions, supervised by U.S. Probation and Pretrial Services, unless the judge finds no conditions will assure appearance and safety. Bail bondsmen are not part of federal practice, and money bail is rare.
- Indictment. A complaint must be followed by a grand jury indictment, or a preliminary hearing, within 30 days of arrest; the defendant is then arraigned.
- Trial or plea. The Speedy Trial Act calls for trial in 70 days, but continuances are common. Most cases settle through plea agreements. A jury of 12 must be unanimous.
- Sentencing. About three months after a plea or verdict, based on a presentence report, the advisory Sentencing Guidelines and any mandatory minimum. There is no parole; at least about 85% of the term is served after good-conduct time, in a Bureau of Prisons facility, followed by supervised release.
- Appeal. To the Eighth Circuit.
People under 18 are rarely charged in federal court. During the case, the Marshals house pretrial detainees in county jails they contract with around the state, sometimes out of state, so a person arrested in Sherburne County may be held in another county. Call the Marshals' Minneapolis office to find someone, or use the Bureau of Prisons inmate locator after sentencing.
This page offers a general description of criminal procedure in Sherburne County and is not legal advice. Talk with a defense attorney about any specific charge, or request the Tenth District Public Defender's Office at your first appearance; Court Administration in Elk River is at (763) 284-7140.