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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.

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.

Experience: Practicing since 1997
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

Person using smartphone with blurred police lights background. charged with a drug crime based on text messages

Can You Be Charged With a Drug Crime Based on Text Messages Alone?

You can be charged with a drug crime based on text messages alone in Minnesota, especially when the messages show intent to purchase, sell, distribute, or traffic drugs. Prosecutors often use text messages to demonstrate intent to commit a drug crime, show a history of drug activity, link you to a specific phone, and corroborate physical evidence. Text messages often strengthen the probable cause required for the police to arrest and charge you. They are, however, not sufficient for a conviction without compelling supporting physical evidence.
Handcuffed man in beanie looking distressed during interrogation. police lie to you during an interrogation

Can the Police Lie to You During an Interrogation in Minnesota?

Criminal defendants who interact with police officers for the first time are often left wondering, “Can the police lie to you during an interrogation?” Police officers can lie to you during an interrogation. In fact, deception is a lawful and fully permitted police technique provided the officers do not use it to force a confession. Police often claim possession of non-existent evidence or witnesses to trick you into disclosing information that can aid their investigation.