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Timeline of a Criminal Case in Minnesota

When charged with a crime, a person must go through various steps in the legal process. While misdemeanor cases may last several weeks or months, felony cases may take up to one year to complete.

Table of Contents

Legal Process in a Criminal Case

When a person is arrested and charged with a criminal offense in Minnesota, he/she must go through a legal process. Most people who are arrested and charged with a crime are not familiar with how the legal process works, so a Minneapolis criminal lawyer is important to a defendant.

Arrest or Notice to Appear

The first step in the Minnesota criminal process begins with an arrest or notice to appear. An arrest can be made with or without a warrant issued by a judge. After the arrest, the alleged offender is fingerprinted, photographed, and booked into jail. Under Minnesota law, a person must be brought before a judge in the county where the alleged offense occurred within 36 hours after arrest. In misdemeanor cases, a person may be released with a citation, if not brought before a judge within 36 hours.

First Appearance

Rule 5 of the Minnesota Criminal Procedure requires a first appearance, so the court can inform the defendant of his/her charges and rights including:

  • The right to remain silent (anything the defendant says may be used against him/her)
  • The right to enter a plea
  • The right not to submit to interrogation
  • The right to counsel in police lineups and all proceedings
  • The right to speak with the defense counsel
  • The right to a jury trial or court trial

Omnibus Hearing

If a defendant has not pled guilty to a gross misdemeanor or felony offense, an omnibus hearing (pretrial hearing) must be held. The main purpose of the hearing is to examine evidence offered by the defense and the prosecution and determine the admissibility of the evidence. During the hearing, parties may cross-examine witnesses and challenge evidence presented by the prosecution.

Criminal Trial

Once a date is set for a trial, the defendant must be present for all steps in the process. A defendant has the right to a jury trial in district court when an offense is punishable by incarceration. For misdemeanor offenses, the case may be tried by the court without a jury. In a non-jury trial, the court is required to make a finding of guilt or innocence within seven days of the completion of the trial.

Max Keller image
Attorney Max Keller
Max Keller

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

Cinematic Court of Law and Justice Trial Proceedings. Cost of a Guilty Criminal Plea

The Surprising Cost of a Guilty Criminal Plea in Minnesota

Defendants in Minnesota may plead guilty or accept deals without understanding the hidden cost of a guilty criminal plea. A guilty criminal plea, regardless of how appealing it appears, can leave you dealing with substantial lifelong consequences. You may skip lengthy trial proceedings and likely get a lenient sentence, but end up with a criminal record. The record can lead to various financial and collateral consequences, including difficulty in securing employment, loss of housing rights, license revocation, and immigration issues.
Court of Justice Trial. Pre-Trial Motions Hearing

What You Can Expect at a Pre-Trial Motions Hearing in Minnesota

The pre-trial motions hearing is a court session you attend after your first arraignment. At the hearing, the prosecution and defense appear before a judge to clear several details about the case before trial. These details include pre-trial motions, evidentiary queries, and constitutional matters.
Man in handcuffs. Refusing Arrest vs. Resisting Arrest

Refusing Arrest vs. Resisting Arrest in Minnesota: What’s the Difference?

Highly publicized incidents of police using excessive force over the past few years have led to people wondering, “What’s the difference between refusing arrest vs. resisting arrest?” Resisting arrest in Minnesota occurs when you use force to prevent a police officer from making a lawful arrest. Refusing an arrest, on the other hand, involves statements or actions that show reluctance to cooperate with an officer’s instructions without using force.