Northeast Regional Corrections Center Criminal Court Process

Search for an Inmate or Active Arrest Warrant in St. Louis County

Criminal Court Process for St. Louis County Minnesota

St. Louis County, the largest county in Minnesota by area, runs its District Court out of three courthouses: the main courthouse in Duluth, the county seat, plus full-service courthouses on the Iron Range in Virginia and Hibbing. The court is part of the Sixth Judicial District. Felonies and juvenile cases are prosecuted by the elected St. Louis County Attorney, while misdemeanors and gross misdemeanors from cities such as Duluth are prosecuted by city attorneys. Adults held after an arrest end up in the St. Louis County Jail in Duluth, with short-term lockups in Virginia and Hibbing.

  • St. Louis County District Court, Duluth (Sixth Judicial District), 100 North Fifth Avenue West, Duluth, MN 55802, (218) 221-7560
  • St. Louis County District Court, Virginia, 300 South Fifth Avenue, Virginia, MN 55792, (218) 305-7021
  • St. Louis County District Court, Hibbing, 1810 East 12th Avenue, Hibbing, MN 55746, (218) 274-6007
  • St. Louis County Attorney's Office, felony, juvenile and township prosecutor, Duluth
  • Sixth District Public Defender's Office, Duluth (State Board of Public Defense); St. Louis County clients can reach its Duluth office at 306 West Superior Street, Duluth, MN 55802, (218) 733-1027
  • St. Louis County Jail (St. Louis County Sheriff's Office), 4334 Haines Road, Duluth, MN 55811, (218) 726-2345

Which court hears your case. Whatever the charge, a St. Louis County criminal case belongs to the St. Louis County District Court; Minnesota abolished separate municipal courts long ago, so even a Duluth ordinance violation is filed there. The level of the offense determines who prosecutes and how many hearings follow, not which court has the case. A misdemeanor or gross misdemeanor committed within a city is typically handled by the city attorney's office or a private firm under contract with that city, and the Duluth City Attorney's Office prosecutes those cases from inside Duluth. When the same kind of offense happens in a township or unorganized territory, the St. Louis County Attorney prosecutes. All felonies are prosecuted by the County Attorney. Which of the three courthouses hears the case generally depends on where in the county the offense occurred.

Where pretrial detainees are held. The main adult detention facility is the St. Louis County Jail at 4334 Haines Road in Duluth, run by the Sheriff's Office ((218) 726-2345). The Sheriff also operates 72-hour lockups in Virginia, which holds up to 12 people, and Hibbing, which holds up to 8. People arrested on the Range can be held briefly in those lockups for court in Virginia or Hibbing, but anyone who stays in custody beyond a few days is generally housed at the Duluth jail.

The three St. Louis County courthouses

Because St. Louis County stretches from Lake Superior to the Canadian border, the court keeps full administrative offices in three places. Each one can accept filings, take payments and schedule hearings in criminal, traffic, family, civil, probate and juvenile cases.

  • Duluth Courthouse, 100 North Fifth Avenue West: the main courthouse, hearing most cases from Duluth and the southern part of the county. Call (218) 221-7560.
  • Virginia Courthouse, 300 South Fifth Avenue: one of two Iron Range courthouses, handling many cases from Virginia and the surrounding northern part of the county. Call (218) 305-7021.
  • Hibbing Courthouse, 1810 East 12th Avenue: the second Range courthouse, handling many cases from Hibbing and the western Range. Call (218) 274-6007.

Your citation, summons or release paperwork names the courthouse for your hearing. If you are unsure, call any of the three offices with your case number; staff can see cases countywide. Entering any of the courthouses involves security screening, so leave knives and other prohibited items at home.

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What happens after an arrest in St. Louis County

Officers from the Sheriff's Office, Duluth Police, Range police departments, tribal police and the State Patrol all bring arrestees into the same system. Many minor offenses end with a citation and a court date. A custodial arrest leads to booking, where staff take fingerprints and photographs, inventory property and screen for medical needs.

Getting out before court

For some offenses a person can be released from booking by paying the amount listed on a bail schedule. Others, especially domestic assault, felony charges and serious DWI offenses, generally have to wait for a judge.

Seeing a judge within 36 hours

Under Minnesota Rule of Criminal Procedure 4.01, a person in custody must appear before a judge within 36 hours of arrest, not counting the day of the arrest, Sundays or legal holidays. A judge also has to find probable cause within 48 hours when the arrest was made without a warrant. In St. Louis County, first appearances for people in custody are frequently held by video between the jail and the courtroom.

How release is decided

The judge can release the person on recognizance or with conditions such as no contact, sobriety testing, alcohol monitoring or reporting to probation. If money bail is ordered, a Sixth District judge typically lists two amounts, the higher with no strings attached and the lower paired with release conditions. Bail may be posted with cash or through a licensed bail bond agent, and commercial bonds are legal in Minnesota. Pretrial evaluations prepared by probation staff help the judge weigh flight risk and public safety.

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The St. Louis County Jail and Range lockups

The St. Louis County Jail on Haines Road, on the western edge of Duluth near Hermantown, is the county's full-service jail. It holds people waiting for a first appearance, defendants who have not posted bail and people serving local sentences. Questions about custody status, bail posting, visits or property go to the jail at (218) 726-2345.

On the Iron Range the Sheriff runs two smaller 72-hour holding facilities. The Virginia lockup has space for 12 people and the Hibbing lockup for 8. They make it possible to hold someone overnight and bring them to court on the Range without a long drive to Duluth. A person who is not released within that short window is typically transferred to the Duluth jail, which can mean a trip of an hour or more for families visiting from the north.

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Public defenders in the Sixth District

The State Board of Public Defense provides public defenders for St. Louis County through the Sixth District Public Defender's Office, which has its main office in Duluth and attorneys who cover the Range courthouses. A person who cannot afford a lawyer can request one at the first appearance; the court reviews income and expenses and the judge makes the appointment.

Public defenders are appointed in misdemeanor, gross misdemeanor, felony and juvenile delinquency cases. They are not appointed for petty misdemeanors, which carry no jail. Because the public defender usually meets clients for the first time at or just before the first appearance, bring any paperwork you have, including the complaint and release conditions, to the next court date.

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Prosecutors and diversion in St. Louis County

The elected St. Louis County Attorney handles felony cases across all three courthouses, every juvenile delinquency petition, and misdemeanor or gross misdemeanor cases from the townships and unorganized territory patrolled by the Sheriff. Inside Duluth, the Duluth City Attorney's Office prosecutes lower-level offenses such as shoplifting, disorderly conduct, many first DWIs and domestic assault misdemeanors. Range cities generally contract with private attorneys for the same work.

Diversion is a common outcome for first-time, nonviolent defendants. Successful completion of a diversion contract, which may include restitution, classes, treatment or community service, ends in dismissal. Prosecutors also negotiate continuances for dismissal, stays of adjudication and amended charges. In domestic violence and other cases with an identified victim, prosecutors are expected to consult the victim before agreeing to a resolution.

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Treatment courts in St. Louis County

St. Louis County has operated treatment-court programs for years, aimed mainly at defendants whose offenses are tied to alcohol, drugs, mental illness or military service trauma. These programs, which can include DWI court, drug court, veterans court and mental health court tracks, replace a traditional sentence with close supervision, treatment, frequent testing and regular review hearings in front of the same judge.

Entry usually requires a guilty plea, a screening for eligibility and the agreement of the prosecutor. Participants who stay sober and follow the plan move through phases over a year or more and may earn a reduced sentence or dismissal; those who do not can be sentenced on the original charge. Which programs are open at the Duluth, Virginia or Hibbing courthouse at a given time varies, so ask your defense attorney.

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Misdemeanor (for example, theft, a first DWI, fifth-degree assault, trespassing)

Minnesota divides its lowest-level offenses into petty misdemeanors, misdemeanors and gross misdemeanors, and all three are covered here. In St. Louis County most of these cases start with a ticket or a brief jail stay in Duluth, Virginia or Hibbing and are heard at the courthouse closest to where the offense happened.

Steps in a St. Louis County misdemeanor case

The first hearing is an arraignment, where the defendant hears the charge and enters a plea. After a not-guilty plea the case moves to a pretrial conference, where most cases settle. Cases that do not settle go to a court trial or a trial before six jurors, all of whom must agree. Gross misdemeanors are handled more like felonies, with a Rule 5 first appearance and an omnibus hearing, but the jury still has six members.

Lawyers for misdemeanor defendants

If jail is possible and the defendant cannot pay for a lawyer, the judge can appoint the Sixth District Public Defender's Office at arraignment.

Maximum sentences in the Sixth District

  • A St. Louis County petty misdemeanor: not a criminal offense; the court can impose a fine of up to $300 and no jail.
  • Misdemeanor charged in Duluth or on the Range: up to 90 days in jail and a $1,000 fine, covering theft of $500 or less, trespass and fifth-degree assault.
  • Gross misdemeanor in St. Louis County: up to 364 days and $3,000, for example theft between $500 and $1,000 or a repeat fifth-degree assault.
  • First DWI in St. Louis County: a fourth-degree DWI charged in Duluth or on the Range is a misdemeanor carrying up to 90 days and $1,000. One aggravating factor, such as an alcohol concentration of 0.16 or higher, a child under 16 in the vehicle or refusing a test, makes it a third-degree gross misdemeanor with up to 364 days and $3,000. An administrative license revocation runs separately from the criminal case, and ignition interlock, plate impoundment, vehicle forfeiture in aggravated cases and a chemical use assessment are all possible.

Probation, fines, community service, a stayed jail sentence or diversion are the usual outcomes for a first offense. A St. Louis County misdemeanor generally resolves in one to four months.

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Felony (for example, burglary, felony theft, drug sale, second-degree assault)

The St. Louis County Attorney charges felonies by filing a complaint, and a judge must find probable cause before the case proceeds. Grand juries are convened in Minnesota only for crimes punishable by life in prison.

Felony hearings at the Duluth, Virginia or Hibbing courthouse

  1. First appearance under Rule 5: the charge is explained, counsel is appointed for eligible defendants and release terms are set.
  2. Second appearance under Rule 8: discovery begins and the parties may talk about a plea.
  3. Omnibus hearing: the defense may contest probable cause or ask the judge to suppress evidence from a search or interrogation.
  4. Settlement conference, then a trial before 12 jurors who must agree unanimously, or a plea.
  5. Sentencing, ordinarily after a presentence investigation report.

Defendants who make a speedy trial demand are entitled to trial within 60 days, absent good cause.

Appointed counsel in Sixth District felony cases

Eligible felony defendants are represented by the Sixth District Public Defender's Office through every stage, including sentencing.

Sentencing ranges for St. Louis County felonies

Felony sentences are set using the Minnesota Sentencing Guidelines, a grid that crosses offense severity with criminal history to produce a presumptive stayed sentence (probation) or executed sentence (prison). A judge needs substantial and compelling reasons to depart.

  • Theft prosecuted in St. Louis County: up to 5 years when the value exceeds $1,000, 10 years above $5,000 and 20 years above $35,000.
  • Burglary in the Sixth District: St. Louis County judges can impose as much as 20 years for first degree, 10 for second degree and 5 for third degree.
  • First-degree drug sale in St. Louis County: up to 30 years in prison.
  • Second-degree assault from St. Louis County (with a dangerous weapon): up to 7 years, with a mandatory minimum when a firearm is used.

Many lower-level felonies result in probation with local jail time, or a stay of imposition that reduces the conviction to a misdemeanor after probation is completed. A St. Louis County defendant sent to prison generally serves two-thirds of the term behind bars and the last third on supervised release. Expect a felony case here to take four to twelve months.

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Violent felony (for example, murder, criminal sexual conduct, aggravated robbery)

Violent felony prosecutions in St. Louis County use the same Rule 5, Rule 8 and omnibus steps, but defendants often stay in the Haines Road jail throughout the case because bail is set high. First-degree murder charges require a grand jury indictment.

Penalties St. Louis County judges can impose for violent crimes

  • First-degree murder: mandatory life imprisonment, without parole for premeditated murder and some other forms, and otherwise with parole eligibility after 30 years. There has been no death penalty in Minnesota since 1911.
  • Second-degree murder: up to 40 years. Third-degree murder: up to 25 years.
  • First-degree criminal sexual conduct: up to 30 years; the presumptive sentence for a first offense is 144 months.
  • Aggravated robbery in the first degree: up to 20 years.

Victims, defense and timeline

Victims have rights under Minnesota Statutes chapter 611A to be notified, to be present and to speak at sentencing. The Sixth District Public Defender's Office represents qualifying defendants, frequently assigning senior trial lawyers to homicide and sexual assault cases. Forensic testing, expert witnesses and extensive motion practice mean these cases commonly take one to two years or longer.

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Juveniles (under 18) arrested in St. Louis County

Youth under 18 are handled in the juvenile division of St. Louis County District Court, with hearings in Duluth, Virginia or Hibbing depending on where the offense took place. The St. Louis County Attorney decides whether to file a delinquency petition. For a first offense, diversion through a contract, restorative program or classes is a common alternative to formal charges.

A young person who is held in secure custody is taken to the Arrowhead Juvenile Center in Duluth rather than an adult jail or lockup. A detention hearing must take place within 36 hours of being taken into custody, excluding weekends and holidays, where a judge decides whether the youth can return home and under what conditions. The Sixth District Public Defender's Office represents children who qualify.

In serious cases, prosecutors can ask for Extended Jurisdiction Juvenile (EJJ) status for some 14- to 17-year-olds, meaning a juvenile disposition backed by a stayed adult sentence. They can also move to certify a youth 14 or older for adult prosecution; certification is presumed for 16- and 17-year-olds charged with an offense carrying a presumptive prison sentence or committed with a firearm. Sixteen- and 17-year-olds charged with first-degree murder are tried in adult court. Juvenile records are generally confidential, though certain felony-level records for youth 16 and older can be public.

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Federal cases (U.S. District Court) from St. Louis County

Some arrests in St. Louis County lead not to the courthouse on North Fifth Avenue West but to the United States District Court for the District of Minnesota. The county belongs to the court's Division 5, which sits at the Gerald W. Heaney Federal Building and U.S. Courthouse, 515 W. First Street, Duluth, MN 55802, in the same downtown civic area as the county courthouse. Jurors for Duluth-division trials report to that building, so a defendant from Hibbing, Virginia or Ely who goes to trial is judged by a panel summoned to Duluth. Initial appearances and detention hearings for northeastern arrests are often held in Duluth as well, although some early hearings take place in Minneapolis or St. Paul. The Clerk of Court's main line is (612) 664-5000.

What turns a St. Louis County case federal

Federal charges rest on federal law, and the investigation usually involves an agency such as the FBI, DEA, ATF, Homeland Security Investigations, U.S. Postal Inspectors or IRS Criminal Investigation. Typical northeastern Minnesota examples include trafficking methamphetamine, fentanyl or other drugs brought in from outside the state, possession of a gun or ammunition by someone with a felony record, mail, wire or benefits fraud, child exploitation offenses, bank robbery, and immigration crimes, including matters tied to the Canadian border. An arrest by Duluth police or a sheriff's deputy can be "adopted" by federal prosecutors, and because the state and the United States are separate sovereigns, the same conduct can be charged in both courts.

Prosecutor, defender and Marshals

Charges are brought by the U.S. Attorney's Office for the District of Minnesota, headquartered at the U.S. Courthouse, 300 S. 4th Street, Suite 600, Minneapolis, MN 55415, (612) 664-5600; its St. Paul office is at 316 N. Robert Street, Suite 404, St. Paul, MN 55101, (651) 848-1950. Defendants who cannot afford counsel are represented by the Office of the Federal Defender for the District of Minnesota, 107 U.S. Courthouse, 300 S. 4th Street, Minneapolis, MN 55415, (612) 664-5858, or, when that office has a conflict, by a private lawyer appointed from the court's CJA panel. The U.S. Marshals Service controls federal custody; its Duluth office answers at (218) 529-3620, and the Minneapolis office at (612) 664-5900.

Steps in a Duluth-division case

  • Arrest and initial appearance: after an arrest by federal agents or on a federal warrant or indictment, the person goes before a U.S. magistrate judge, who explains the charges and appoints a lawyer if needed.
  • Detention hearing: if prosecutors ask to hold the person, a hearing usually follows within three court days. Under the Bail Reform Act the judge either releases the defendant on conditions monitored by U.S. Probation and Pretrial Services or orders detention when no conditions would assure appearance and community safety. Bail bond agents play no part, and money bail is rare.
  • Indictment: a case started by complaint needs a grand jury indictment within 30 days of the arrest; a preliminary hearing may be held in the meantime.
  • Arraignment and the trial clock: the Speedy Trial Act calls for trial within 70 days of indictment or first appearance, but continuances are routine. A federal trial jury has 12 members, and its verdict must be unanimous.
  • Plea and sentencing: most cases are resolved by plea agreement. Sentencing comes roughly three months later, after a presentence report, under the advisory U.S. Sentencing Guidelines and any mandatory minimum.
  • Prison and after: there is no federal parole; with good-conduct credit a person serves at least about 85% of the term in a Bureau of Prisons facility, then a period of supervised release. Appeals go to the Eighth Circuit.

Where federal detainees from the county are held

A person charged federally is in the custody of the Marshals rather than the Sheriff, even if the first night was spent at the Haines Road jail. The Marshals Service rents beds in county jails it contracts with across Minnesota, and occasionally outside the state, so someone arrested in Virginia or Duluth may be moved to another county's jail while the case is pending. Relatives can phone the Duluth Marshals office to find out where a person is housed. Once a sentence is imposed, the Bureau of Prisons inmate locator lists the prison where the person was sent.

Bois Forte and other reservation lands

Minnesota is a Public Law 280 state, which means the state usually prosecutes crimes committed on reservations. The Bois Forte Reservation is an exception: on Bois Forte lands in St. Louis County, including part of the Nett Lake area and the Vermilion section near Tower, serious offenses covered by the Major Crimes Act, such as murder, manslaughter, sexual abuse and assault resulting in serious bodily injury, are prosecuted in federal court. The Fond du Lac Reservation, which also reaches into the county, follows the general state-jurisdiction rule. Separately, federal courts very seldom take cases against people younger than 18.

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This guide summarizes how criminal cases generally move through the St. Louis County District Court and is not legal advice. If you or someone close to you has been charged, consult a criminal defense attorney or ask the Sixth District Public Defender's Office to be appointed at the first appearance; the Duluth courthouse is at (218) 221-7560 and the county jail at (218) 726-2345.

Criminal Court Process for St. Louis County Minnesota

St. Louis 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 St. Louis 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, St. Louis 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 St. Louis County court on a certain date. In cases involving more serious crimes, the person is usually placed in the St. Louis 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, St. Louis County or a city or town. The prosecuting attorney for St. Louis 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 St. Louis 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 St. Louis 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 St. Louis 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, St. Louis 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 St. Louis 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 St. Louis 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 St. Louis 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.

Courts

AURORA CITY
14 W 2ND AVE N
AURORA MN, 55705
218-229-2021
ST LOUIS COUNTY COURT ADMIN
100 N 5TH AVE W # 320
DULUTH MN, 55802
218-726-2500
ST LOUIS COUNTY DISTRICT COURT
100 N 5TH AVE W # 320
DULUTH MN, 55802
218-726-2430

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