Navigating the Criminal Justice System [infographic]

Although there is often variation regarding rules and procedures from one court to the next, criminal cases generally follow the same processes. In all cases, a defendants’ constitutional rights must be honored. All defendants have a right to due process of law with reasonable notice of charges and proceedings and a fair hearing.

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Table of Contents

The Stages of Criminal Cases

Criminal cases develop in stages that begin with an arrest and end either before, during, or after a trial. If a defendant accepts a plea bargain from the prosecution, the criminal case will end. A plea bargain offers a defendant a dismissal of charges or a more lenient sentence in exchange for a guilty plea before a trial begins. Criminal cases progress in stages:

Arrest

When a suspect is arrested by police, he/she may remain in jail or post bail. During the bail hearing, the judge determines whether the defendant is able to post bail and what the bail amount will be. If a suspect is granted bail, he/she may pay the bail amount in exchange for his/her release.

Arraignment

A suspect’s first court appearance will be at the arraignment. During this process, the judge will read the charges against the defendant and the defendant can plead “not guilty,” “guilty,” or “no contest” to the charges. After reviewing the defendant’s bail, the judge will establish dates for future proceedings.

Preliminary Hearings or Grand Jury Proceedings

Preliminary hearings are held before a judge or magistrate in felony cases. At this hearing, the prosecution must show that it has sufficient evidence to support the charges against the defendant. In federal cases, charges must be brought by indictment. Preliminary hearings and grand jury proceedings are held to establish probable cause. If no probable cause is found, the defendant will not have to stand trial.

Trial

If there is no plea agreement, the case proceeds to trial. During the trial, the prosecution will introduce evidence and call witnesses to testify. The criminal defense lawyer will have an opportunity to challenge the evidence and cross-examine prosecution witnesses. After closing arguments, the jury will return a verdict.

Sentencing

If the defendant is found guilty, the court will impose a sentence based on the severity of charges, the defendant’s criminal history, and state laws that govern penalties.

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

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.

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.

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.