Some legal terms used in our Minnesota criminal justice system are difficult for people to understand. Much like medical jargon or terms for any other area of specialized knowledge, if a person hasn’t had reason to encounter a legal term before, they wouldn’t have reason to know what the various words and phrases mean.
Our criminal defense lawyers field a lot of phone calls from people who either do not know what certain phrases mean, or have a misunderstanding of what they mean. We have put together the list below of some common criminal law terms to help people have a better understanding of the Minnesota criminal justice system.
We will also periodically publish videos in our defined/explained series to supplement the information below.
The brief definitions and explanations below are not intended to be a substitute for legal advice.
If you are facing criminal charges or wish to appeal a criminal conviction, you should consult with an experienced criminal defense lawyer about the issues involved in your case. Our criminal defense lawyers are always available to take your call.
Accomplice Liability
Accomplice liability makes one person legally responsible for the criminal acts of another, just as if they had committed the act themselves, if the person intentionally aids, advises, hires, counsels, or conspires with or otherwise procures the other to commit the crime.
Acquittal
An acquittal occurs if the person accused of a crime proceeds to trial and the prosecution does not prove all elements of its case beyond a reasonable doubt. An acquittal is entered into the record when the finder of fact, either a judge or jury depending on the circumstances, returns a not guilty verdict.
Affidavit
An affidavit is a document that a person attests to under oath and swears to its accuracy under the penalty of perjury.
Affirmative Defense
An affirmative defense is one that the defense must provide notice for and has a burden to prove, such as duress, self-defense, or entrapment. An affirmative defense differs from most other defenses because it imposes a burden upon the defendant to prove the defense. Most other defenses relate to elements that the prosecution must prove and therefore the burden of proof remains with the prosecution.
Alford Plea
An Alford plea is a guilty plea that is entered by a defendant who maintains his or her innocence. Typically such a plea is made when a defendant receives a favorable plea offer from the prosecution and does not want to take the risk of going to trial, losing, and subjecting him or herself to much more severe penalties.
Allocution
An allocution is a statement made by a person convicted of a crime prior to being sentenced by the judge. Every person convicted of a crime has a right to allocution prior to being sentenced. However, it is not required and the person cannot be forced to provide the judge with a statement.
Arraignment
Arraignment refers to the process of the judge reading the charges a person faces aloud in open court and asking how the person pleads, guilty or not guilty. Arraignment occurs at different times in criminal proceedings depending on the nature and severity of the charges.
Arrest Warrant
An arrest warrant can issue upon the prosecutor’s request when criminal charges are filed against a defendant if a district court judge agrees to sign it. An arrest warrant can only issue if the prosecutor demonstrates that a substantial likelihood exists that the defendant will fail to respond to a summons, the defendant’s location is not reasonably discoverable, or the defendant’s arrest is necessary to prevent imminent harm to anyone.
Bail and Bond
Bail and bond refer to the monetary component of a defendant’s conditions of release. Not every defendant is required to post bail or bond, but every defendant is constitutionally entitled to release upon posting bail or bond. Bail refers to cash that is provided to court administration that is returned at the end of the case. Bond refers to a surety bond that is posted by a bondsman when a defendant, his friends, or family pay 10% of the face of the bond.
Beyond a Reasonable Doubt (Video Available)
Proof beyond a reasonable doubt is the burden and standard of proof that the prosecution must meet in a criminal case in order to convict a defendant of a crime. The prosecution must prove every element of an offense beyond a reasonable doubt, and all juror must agree that the standard has been met. Proof beyond a reasonable doubt is such proof as ordinarily prudent people would act upon in their most important affairs. A reasonable doubt is a doubt based upon reason and common sense. It does not mean a fanciful or capricious doubt, nor does it mean beyond all possibility of doubt.
Booking
Booking refers to the record making process of documenting an individual’s identity related to a charged crime. It involves fingerprinting, photographing, and documenting other biographical and physical appearance information of an arrested person. Often times, a person is booked at the time of their initial arrest. Other times, if a person has not been booked, he or she will receive a notice for booking along with their summons to appear in court. The booking notice informs a defendant that they must appear for booking prior to their first court appearance, and if they don’t, they may be detained at the time of their first appearance to complete the booking process.
City Prosecutor
City prosecutor refers to the person, law office, or governmental entity responsible for charging and representing a municipality for any petty misdemeanors, misdemeanors, and most gross misdemeanor offenses committed within its geographic borders. City prosecutors for suburbs are often individual lawyers or private law firms that bid on and receive contracts from the various cities to prosecute their cases. For larger cities, such as Minneapolis, St. Paul, Duluth, Bloomington, and Coon Rapids, the city prosecutor is a department that is employed by the municipality. In more rural areas, the county attorney’s office for that jurisdiction will prosecute the petty misdemeanors, misdemeanors, and gross misdemeanors that occur within the cities, townships, and municipalities.
Commissioner of Corrections
The commissioner of corrections is the person responsible for the administration of Minnesota’s Department of Corrections, in other words, Minnesota’s state prisons.
Commitment to the Custody of the Commissioner of Corrections
People that are sentenced to more than 364 days, and whose sentences are executed, are sent to state prison as opposed to local jail. Those people will receive sentences from the district court that commits them to the custody of the commissioner of corrections. Men in Minnesota are initially sent to the department of corrections’ prison in St. Cloud, where they complete intake and are eventually transported to their assigned facility in the State. The assigned facility depends on the person’s criminal history score, severity and type of offense, and personal relationships with staff or other inmates, among other factors.
Community Corrections
Community corrections refers to the local probation agency for a county. In more populated areas in Minnesota, the county itself will administer its local probation department. In lesser populated areas, counties combine resources to create a local probation department comprised of many surrounding counties. And in some instances, counties with sparser populations will contract with the department of corrections to supervise their probationers.
Competency Evaluation
A competency evaluation is a process conducted by a court appointed psychologist, and in some instances a private examiner, to determine whether a defendant can rationally consult with counsel, understand the proceedings, and participate in their defense. A competency evaluation can only be ordered by the presiding judge. The judge can order a competency evaluation based on the request of defense counsel, the prosecutor, or on their own initiative.
Complaint (Video Explanation)
A complaint is a formal charging document that initiates a criminal action against a person. It will identify the defendant, state whether it is being issued as a summons or warrant, identify the crimes that are being alleged and the basis for them, provide a summary of the factual allegations underlying the charges, contain bail or other release conditions if issued as a warrant, and be signed by the investigative agent, the prosecutor, and the judge.
Conditional Release
Conditional release refers to the extended supervision period required for certain offenses after a person is released from prison. Those offenses include, but are not limited to, DWI offenses and sex crimes. Conditional release periods essentially add time to a defendant’s sentence, and if they violate their conditional release conditions, they can be sent back to prison.
Constitutional Rights
Constitutional rights refer to the rights bestowed upon everyone by the United States and Minnesota constitutions. There are many constitutional rights that all citizens enjoy, and all defendants enjoy, such as the presumption of innocence, right to a fair trial, due process, the right to confront and cross examine their accusers, and the right to remain silent, to name a few.
Contested Omnibus Hearing
A contested omnibus hearing is a pretrial hearing where a defendant seeks a pretrial ruling from the court for suppression of evidence, suppression of statements, dismissal for a lack of probable cause, or other appropriate relief. Typically, a contested omnibus hearing will involve live testimony from police officers and other witnesses, and exhibits in the form of reports, videos, audio recordings, and photographs are entered into evidence. The lawyers for each side make their legal arguments from the record and the pertinent law, and the judge decides the motions before the court.
Continuance
A continuance refers to the resetting of a particular hearing further into the future. Continuances can be granted prior to the being held upon the request of a party, or they can be granted at the time the hearing is scheduled to occur. Continuances may be granted for good cause, including a party not being available, ongoing work that needs to be done prior to the hearing, or a witness being unavailable.
Continuance for Dismissal
A continuance for dismissal is a resolution to a criminal case that places the matter on pause for a certain period of time, typically one year, with certain conditions the defendant is required to meet. If the defendant meets those conditions, the case is dismissed. Continuances for dismissal do not require guilty pleas, and often do not require an admission of guilt at all.
Conviction
A conviction is a plea of guilty, a verdict of guilty by a jury, or a finding of guilty by the court, once accepted and recorded by the Court.
County Attorney
The county attorney is the chief legal officer for the county they serve. In their role, he or she is responsible for prosecuting all felonies that occur within the county, and some gross misdemeanors too. In smaller counties, the county attorney’s office is also responsible for prosecuting all petty misdemeanors, misdemeanors, and gross misdemeanors.
Court Trial
A court trial is a trial where the judge decides the law and the facts of the case and determines whether someone is guilty or not guilty. A court trial can only occur with the consent of the defendant and approval of the judge.
Crime of Violence
The phrase crime of violence can be defined in numerous ways depending on the context. The most common context in Minnesota relates to a statutory definition of crimes of violence that prohibits the convicted person from possessing a firearm for the remainder of their life. Minnesota’s definition of crime of violence in this context included non-violent crimes, including drug offenses.
Criminal Charge
A criminal charge is a formal accusation that a person has committed a crime. A criminal charge is not a conviction. It is the start of the criminal process, not the end of it. A criminal charge can be made by citation and issued by an officer, tab charge – also issued by the officer, formal complaint, or indictment. Although a charge is not a conviction and everyone is innocent until proven guilty, a person’s liberties can be restrained during the pendency of their case due to bail, conditions of release, or a combination of the two.
Criminal History Score
A person’s criminal history score takes into account prior misdemeanor, gross misdemeanor, and felony convictions and whether or not they were on probation or supervised release at the time a new crime was allegedly committed. Non-felonies are placed into their own category and can only accumulate to be 1 point. Felonies are weighted by severity. Prior convictions can also “decay,” meaning a person’s criminal history score is not increased for older crimes. The entire sum of a person’s non-decayed criminal convictions is their criminal history score, which is one of two primary factors in determining the length and disposition of a person’s sentence if they’re convicted of the new charge.
Cross Examination
Cross examination is the questioning of a witness called by the other side. A defendant has a constitutional right to cross examine all witnesses against him or her. This means that his or her lawyer gets to ask leading, closed, and confrontational questions to any witness the prosecutor calls for their case. Cross examination is one of the most important rights a defendant enjoys and is one of the primary safeguards for a defendant’s freedom.
Defendant
A defendant is a person accused of a crime. The prosecutor, on behalf of the State of Minnesota, is the plaintiff. Those are the two parties to a criminal proceeding. Despite common and frequent misunderstandings from many people and professionals alike, victims are not a party to a criminal proceeding.
Department of Corrections
Department of corrections is the formal term for Minnesota’s state prison system. The department of corrections operates state prisons across Minnesota and is responsible for the supervised release portion of inmates’ sentences upon their release from custody.
Discovery (Video Explanation)
Discovery is a broad term that encompasses many different forms of evidence. Basically, it means all evidence in the case in the possession of either of the parties. Discovery can include police reports, pictures, videos, audio recordings, forensic evidence, scientific testing, expert witness reports, digital evidence, witness statements, and crash reconstructions reports, among other things.
Dismissal
A dismissal is the end of a criminal case prior to adjudication, or a decision on the merits of a charge. A dismissal can be ordered by the judge in the case, or the prosecutor can decide to dismiss his or her case. Depending on the reason for the dismissal, the prosecutor may be able to refile charges even after the same or similar charges were dismissed.
District Court
District court refers to the level of court where criminal charges are brought. District courts have jurisdiction over all state criminal matters in the State of Minnesota. District courts are responsible for holding hearings and processing cases, holding evidentiary hearings, conducting trials, and sentencing people convicted of crimes. District courts are different from Minnesota’s appellate courts in numerous ways, most notably, district courts are responsible for receiving evidence, a function that the appellate courts do not serve by design.
Dispositional Departure
A dispositional departure refers to a sentencing decision concerning whether a person receives probation when the Minnesota Sentencing Guidelines call for an executed prison sentence, or more rarely, when someone receives an executed prison sentence when the guidelines call for probation. The former is called a mitigated dispositional departure, the latter is called an aggravated dispositional departure. In order to depart from the guidelines, the district court must find substantial and compelling reasons to do so. Dispositional departures are required to be based on personal characteristics of the offender, such as particular amenability to treatment or probation.
Diversion
Diversion refers to a method of disposing of a case without requiring the defendant to proceed through the adjudicative process of a trial or a plea. Diversion often requires a defendant to meet certain conditions, such as remaining law abiding, community services, and treatment or therapy. Diversion can occur prior to charges being filed or after. If diversion occurs prior to charging and the defendant successfully completes the diversionary requirements, he or she will never face the criminal charges related to the matter. If diversion occurs after charges have been filed and the defendant successfully completes the diversionary requirements, then the criminal charges are dismissed.
DNA Sample
DNA samples are collected from defendants that are convicted of felonies. They are most often taken by buccal swab, which is a cotton swabbing from the inside of the cheek. The DNA samples are then uploaded into a DNA database for comparison purposes in evidence from past and future crimes. Additionally, DNA samples can be collected pursuant to court order during a criminal case, or pursuant to a search warrant on a precharge basis. In those instances, the DNA sample is not uploaded into a database to be compared to other unrelated crimes, but rather, are compared only to the evidence collected in that particular case.
Double Jeopardy
Double Jeopardy refers to the constitutional protection from being tried, or put into jeopardy, more than once for the same or similar criminal charges. Jeopardy does not attach until a trial commences. The protection also does not cross state jurisdictional borders or state and federal jurisdictions. A related but slightly different protection is the statutory protection in Minnesota against serialized, or successive, prosecutions.
Domestic Abuse No Contact Order (DANCO)
A domestic abuse no contact order (DANCO) is an order that is issued by the court in most domestic assault cases. The order typically prohibits the defendant from having any direct or indirect contact with the alleged victim. Additionally, the order typically prohibits the defendant from visiting or being present at the home of the alleged victim, even if that is the defendant’s home, too. DANCO’s are issued for two primary reasons. First, to allow a cooling off period between the defendant and the alleged victim in order to promote public safety. Second, to ensure the integrity of the judicial proceedings so that the defendant does not exert any undue influence on the alleged victim while the criminal case is pending. Under certain circumstances, DANCO’s can be modified or removed entirely even while a case is pending.
Durational Departure
A durational departure refers to sentencing a defendant either above or below the duration called for by the Minnesota Sentencing Guidelines in a felony case. An aggravated durational departure is when a defendant is sentenced to a longer prison term than called for by the Minnesota Sentencing Guidelines. A mitigated durational departure is when a defendant is sentenced to a shorter prison term than called for by the Minnesota Sentencing Guidelines. In either scenario, the prison sentence does not necessarily have to be executed, because that is a separate decision on the disposition of the sentence. Durational departure decisions are based on offense characteristics as opposed to the personal characteristics of the defendant.
Electronic Alcohol Monitor (EAM)
An electronic alcohol monitor (EAM) is a device that can be ordered by the court on a pretrial release basis or a probationary basis to verify that a defendant is not consuming alcohol. Some EAM’s are ankle bracelets and continuously monitor for the presence of alcohol, while others are portable and not attached to the person, but require several breath samples periodically throughout the day. An electronic alcohol monitor is different from an ignition interlock because it follows an individual, rather than being installed in a vehicle, and does nothing to restore a person’s driver’s license.
Electronic Home Monitoring (EHM)
Electronic Home Monitoring is an alternative to pretrial detention or probationary jail. The EHM device monitors the defendant’s location to ensure that he or she remains in his or her home as an alternative to traditional incarceration in a county jail.
Enhanceable Criminal Offense
An enhanceable offense is one that becomes more serious as a person accrues multiple convictions. DWI offenses, sex offenses, restraining order violations, and assault offenses are a few examples of enhanceable offenses in Minnesota. Each successive conviction becomes more serious and carries more severe consequences.
Expungement of a Criminal Case
An expungement is a court order that seals the records related to an arrest, criminal charges and/or a conviction. Depending on the type of expungement, the order to seal the records may only relate to the judicial branch, i.e. court records, or the order may also the encompass executive branch, i.e. law enforcement and Bureau of Criminal Apprehension records.
Florence Hearing
A Florence hearing is an opportunity for the defendant to challenge whether probable cause exists for the criminal charges the prosecutor has brought against him or her. Evidence can be submitted on the issue of probable cause at the hearing by the prosecutor and the criminal defense lawyer. Arguments are then made to the judge, either orally or in writing, and the judge will make a legal ruling determining whether probable cause exists or not. If not, then the charges that are not supported by probable cause are dismissed.
Forfeiture in a Criminal Case
Forfeiture occurs when the government takes a person’s property, does not give it back, and intends to keep the property forever. In such an instance, the government must provide notice to the individual that owns the property and the person the property was taken from. Forfeitures are most common in crimes committed with valuable property near controlled substances, vehicles used in fleeing a peace officer, and vehicles driven by someone arrested for an aggravated DWI.
Good Time
Good time refers to the reduction of a jail or prison sentence by 1 day for every 2 days served without a disciplinary infraction. In other words, so long as a person sentenced to serve time abides by the rules of the correctional facility, he or she will only be required to serve two-thirds of the sentence imposed by the court.
Grand Jury
The grand jury is an investigatory and charging body that is empaneled by the state, although state grand juries are rarely used for solely investigative purposes at the state level in Minnesota. A prosecution must proceed by grand jury indictment if the offense sought to be charged is punishable by life imprisonment. Grand juries consist of between 16 and 23 people. Grand jury proceedings cannot proceed unless there are at least 16 jurors present. In order to indict a defendant of a crime, at least 12 jurors must concur that probable cause exists that the defendant committed the alleged crime.
Harassment Restraining Order
A harassment restraining order is a civil order that can lead to criminal charges. Harassment restraining orders are often sought when one person alleges that another has engaged in repetitive conduct that has threatened their safety, security, or privacy. After an order is issued and served, then the restrained party cannot have direct or indirect contact with the protected party and is often prohibited from being near the person’s home and workplace. If the restrained party violates the order, they are often quickly arrested and charged for the violation. Harassment restraining order violations are enhanceable offenses in Minnesota, and can quickly escalate to felony charges and convictions.
Hybrid Hearing
A hybrid hearing is when a criminal court hearing proceeds with some participants in physical attendance at court while others attend virtually, often by Zoom or other technology. Hybrid hearings are common for bail hearings when a defendant appears in custody from the jail facility rather than being transported to the courtroom for the hearing. Other times, hybrid hearings can occur when there is an emergency or some unforeseen circumstance that prevents a participant from being able to physically attend court, so long as the judge agrees to proceed in that fashion.
Huber Privileges
Huber privileges are judicially authorized releases from imposed jail sentences for the purposes of work, job seeking, school, or treatment. Most defendants are granted Huber privileges for local jail sentences as long as they meet the criteria of the local jail they will serve their time at.
Hung Jury
A hung jury occurs when the jurors empaneled to decide a case cannot reach a unanimous decision regarding the issue of guilt. When jurors are nearing a deadlock and inquiring about what they can do, they will often be encouraged to continue deliberating on multiple occasions before a hung jury and mistrial is declared by the judge.
Impeachment
Impeachment, in the criminal trial context, refers to undermining a witness’s credibility generally, on a particular topic, or on a particular statement. Impeachment can take many forms, including introducing prior felony convictions, prior convictions for crimes of dishonesty, bias, interest, contradiction, and prior inconsistent statements of the witness.
Indictment
An indictment is a charging document issued by the grand jury at the conclusion of the grand jury proceedings. An indictment can only be issued if 12 of the grand jurors concur that there is probable cause that the defendant committed the alleged crime, or crimes. For each crime alleged in the indictment, the statute, rule, regulation, or other provision of law the defendant allegedly violated must be cited. It must also contain a summary of the essential facts underlying the alleged crime and be signed by the grand jury foreperson.
Ignition Interlock
Ignition Interlock is an alcohol breath measurement device that is installed in a vehicle to ensure that the driver has not consumed alcohol prior to driving. It is the critical component of Minnesota’s Ignition Interlock Program, a program that allows people with revoked or cancelled driver’s licenses to continue to drive if the program requirements are followed. An Ignition Interlock device is separate and distinct from an electronic alcohol monitor device.
Initial Appearance
An initial appearance in a criminal case is the first time the defendant appears in court. The initial appearance is designed to accomplish three primary purposes. First, the district court judge will ensure that the defendant is aware of the charges that have been made against him or her and that he or she understands their rights as a defendant in a criminal action. Second, the district court judge will address and set bail and release conditions. Third, the district court judge will schedule the next court appearance in the matter. Often the next court appearance will be an omnibus hearing, but under some circumstances a Rule 8 hearing is scheduled instead.
Interpreter
An interpreter is a person trained and skilled in translating another language to English, and from English to that other language. In order to become an interpreter, a person must pass the English proficiency portion of the National Center for State Courts Court Interpreter Written Exam, attend the required orientation program, pass the second section of the National Center for State Courts Court Interpreter Written Exam, and then file an affidavit with the State Court Administrator’s Office that explains that they agree to be bound by the Code of Professional Responsibility.
Judicial Officer
Judicial officer is the term for an elected or appointed judge or referee in Minnesota. A judicial officer is the person that is responsible for overseeing the proceedings, making legal rulings, and in some cases, deciding the facts. In criminal cases, the judicial officer also is responsible for determining a defendant’s sentence in the event of a conviction, ruling on pretrial motions, and establishing bail and release conditions at the beginning of a case.
Jury Instructions
At the close of a criminal trial, the jury is provided a comprehensive packet that provides them with all of the necessary information about the law, their decision-making process, and the crimes charged in that particular case. That packet of information is called the jury instructions. Jury instructions are created by the judge, prosecutor, and the defense with the aid of the Minnesota Criminal Jury Instructions Guide, or JIG. While courts do not depart from the JIGs often, they can be modified or amended in a particular case as needed. There are some JIGs that can only be added with the consent of the defendant, such as advising the jury about the defendant’s right not to testify.
Juror Questionnaire
Juror questionnaires are forms that are provided to prospective jury members at the beginning of a case prior to jury selection. The prospective jury members fill out the forms and provide them back to the court, which then distributes the questionnaire to the criminal defense lawyer and the prosecutor for their review. Juror questionnaires are most often utilized in serious felony cases or other cases that deal with sensitive topics, such as criminal sexual conduct or domestic assault of a minor. The purpose of the questionnaire is to allow the court and the parties to determine the jurors that may not be suitable to be a fair and impartial factfinder for a particular type of case.
Jury Trial
A jury trial is the process where members of the public are called in to serve as jurors and determine the facts of a criminal case, apply those facts to the law of the case as provided to them by the judge, and determine whether a defendant is guilty or not guilty. A jury trial is perhaps the single most important right that is guaranteed to everyone by the constitution, because it puts the decision-making power about a person’s freedom into the hands of citizens, rather than the government.
Local Jail
Local jail refers to county jails that house individuals that receive jail sentences for misdemeanors and gross misdemeanors. Local jails also house individuals that have received felony sentences that are not executed, but are required to serve local jail time as a condition of probation. Local jails are significantly different from state prisons. People serving time in local jail have the opportunity to be released for work, school, and treatment. Additionally, local jails are responsible for administering electronic home monitoring programs.
Mandatory Minimum Sentence
A mandatory minimum sentence most commonly refers to a sentence of a certain minimum period of incarceration that a judge must sentence a defendant to upon the defendant’s conviction for a particular offense. Mandatory minimum sentences exist for many crimes, including DWI, drug offenses, domestic assault offenses, certain weapons offenses, and sex offenses, among others. Judge are often authorized to depart from mandatory minimum sentences, but only for specific reasons on a case-by-case basis.
Minnesota Court of Appeals
The Minnesota Court of Appeals is Minnesota’s intermediate appellate court, jurisdictionally superior to Minnesota’s district courts, but inferior to the Minnesota Supreme Court. The court of appeals is an error-correcting court, meaning that the principal task of the court is to review cases on appeal for errors created in the district courts below. As an error-correcting court, the court of appeals handles most of the appeals in Minnesota, allowing the Minnesota Supreme Court to resolve fewer cases on a discretionary basis.
Minnesota Rules of Criminal Procedure
The Minnesota Rules of Criminal Procedure govern prosecutions for criminal cases throughout the district courts of Minnesota. These includes prosecutions for felonies, gross misdemeanor, misdemeanors, and petty misdemeanors. The rules are intended to provide for the fair administration of criminal justice, and to ensure that the procedural rights of a criminal defendant are vindicated.
Minnesota Sentencing Guidelines
The Minnesota Sentencing Guidelines are a body of detailed directives and regulations that must be followed by district court judges in sentencing criminal defendants through Minnesota’s district courts. The Sentencing Guidelines are intended to reduce disparities in sentencing, and to ensure that criminal sentences for felony convictions are proportional to the severity of the offense and the offender’s criminal history – in other words, ensuring that the time fits the crime.
Minnesota Supreme Court
The Minnesota Supreme Court is the highest state court in Minnesota, and serves as the state court of last resort for cases originating in Minnesota’s state district courts. The Minnesota Supreme Court hears far fewer cases than the Minnesota Court of Appeals. The reasons for this are two-fold. First, the Minnesota Court of Appeals is composed of 19 judges who divide the courts’ work into three-judge panels, whereas the Minnesota Supreme Court is composed of seven justices who preside over each case. The second reason is that in most cases, the Minnesota Supreme Court decides which cases it will hear. The Minnesota Supreme Court decides only about 10-12 percent of the cases that are brought before it from the Minnesota Court of Appeals.
Motions
Broadly speaking, a motion is a formal, often written, request for relief from a court by a party to a case. A criminal defendant may file any variety and number of motions during the pendency of a case as the law and the facts warrant. The most important motions in a case are usually those made at the omnibus hearing, and those pertaining to trial. For example, a defendant may file a motion to dismiss, or a motion to suppress evidence (or both) at the omnibus hearing. Or a defendant may file what are called motions in limine prior to trial, which are usually aimed at securing a level playing field at trial, and establishing parameters for the introduction of certain evidence. As stated above, motions are usually made in writing, and commonly supported by a memorandum of law that supports the granting of the motion. Once the parties to a case have submitted their motions and responses, the district court will hold a hearing on the motions. At the hearing, parties may offer evidence, call witnesses, and make further argument. The judge may issue an oral order from the bench, or may take motions under advisement and issue a written order.
Notice
Notice is the legal act of making a person or entity aware of something. The requirement of notice exists throughout the law, and is intended to avoid situations of surprise, and to secure a fair process. For example, if the police wish to initiate a forfeiture of a vehicle due to a drug offense, they will be required to serve the vehicle’s owner with a notice of seizure and intent to forfeit. This places the owner on notice of law enforcement’s intended forfeiture of the vehicle, and allows the owner to take measure to challenge this particular taking by the government. Notice is also a formal requirement associated with motion practice. If a person wishes to file a motion with a district court, they must also serve notice of the motion, meaning that they must notify the adverse party of the place and time that the motion will be heard.
Notice of Defense
In criminal law, a notice of defense is a pretrial formality of placing the prosecution on notice that the defendant intends to rely on a specified defense at trial. In Minnesota, a notice of defense is required where the defendant intends to rely on the defenses of self-defense, entrapment, mental illness, duress, alibi, double jeopardy, statute of limitations, collateral estoppel, and intoxication. Notice of these defenses must be made by a defendant in writing and provided to the prosecution before the omnibus hearing.
Omnibus Hearing (Video Explanation)
An omnibus hearing is often the most important of the pretrial hearings in a criminal case. It is called an omnibus hearing because any number of issues can be raised and decided through the omnibus hearing, and prior to trial. For example, if a defendant wishes to challenge the lawfulness of a search by the police, they will do so by filing motions at the omnibus hearing. The omnibus hearing can also be used to decide probable cause, evidentiary issues, discovery issues, procedural issues, and any other issues relating to a fair and expeditious trial.
Order for Protection
An order for protection is a specific type of protective order available to persons who have suffered domestic abuse and wish to have no contact with the person who committed the domestic abuse against them. An order for protection differs from a harassment restraining order. To begin, an order for protection is only available to persons who are “family or household members,” which are defined as spouses or former spouses, parents and children, persons related by blood, persons who reside together or who have resided together in the past, persons with a child in common, a man and woman if the woman is pregnant and the man is alleged to be the father, and persons involved in a significant romantic or sexual relationship. If a family or household member suffers domestic abuse at the hands of another, they can petition a court for an order for protection restraining the abuser from any contact with them. Violation of an order for protection is an enhanceable criminal offense, meaning that it can be a misdemeanor, gross misdemeanor, or felony, depending on the circumstances.
Petition for Postconviction Relief
A petition for postconviction relief is a procedural vehicle that allows a defendant to attack their conviction upon specified legal grounds. A petition for postconviction relief may be available to a defendant on appeal from their conviction, or to a person who has exhausted their direct appeal but is otherwise entitled to challenge their conviction through postconviction proceedings. Generally, a petition for postconviction relief may be brought when a person’s conviction was obtained or the sentence received violated the person’s rights under the Constitution, or under state or federal law. Additionally, a petition for postconviction relief may be brought when scientific evidence that was not available at trial establishes a person’s innocence. Most of the time, a person seeking postconviction relief will not be able to raise any postconviction issues that were either known or could have been known during the person’s direct appeal, if any.
Plea Hearing
A plea hearing is a hearing at which a defendant formally enters a plea of guilty. At a plea hearing, a defendant will typically go through a plea petition with their lawyer in open court on the record. At a plea hearing, a defendant will waive their trial and trial-related rights, and admit a factual basis in support of their guilty plea. It is not uncommon for the defense lawyer, the prosecutor, and the presiding judge to all participate in some way during a plea hearing.
Plea Petition
A plea petition is a formal document used by the courts to ensure that a criminal defendant’s guilty plea is made freely, voluntarily, and intelligently. A plea petition contains numerous statements on a defendant’s rights, a statement of the terms of any plea agreement, and other information necessary to ensure that a defendant understands what they are doing, the rights they are giving up, and the nature of their plea agreement. At a plea hearing, a lawyer will go over the plea petition with their client on the record in front of a judge. After doing so, the plea petition will be offered into the official court record.
Predatory Offender Registration
Predatory offender registration is a requirement imposed on offenders convicted of certain murder, kidnapping, and criminal sexual conduct offenses, and a variety of other sexually-related criminal offenses, or an offense arising out of the same set of circumstances. A person subject to predatory offender registration must provide to their corrections agent or law enforcement their primary and secondary addresses, addresses for school or employment, telephone numbers, and vehicle information, among other information. Depending on the case, registration will be for either 10 years or the remainder of an offender’s life.
Presentence Investigation Report
A presentence investigation report, or “PSI,” is a report authored by a probation officer after a defendant’s plea or guilty verdict, but before sentencing. The purposes of a presentence investigation report are to detail for the parties and the judge circumstances about a defendant’s life, circumstances surrounding the offense or offenses to which the defendant pleaded guilty or was found guilty, and to make recommendations on the appropriate sentence.
Presumption of Innocence
The presumption of innocence is a legal protection that attaches to a criminal defendant unless and until they plead guilty or are found guilty at trial. Despite the conceptions that exist in the court of public opinion, in a court of law, a defendant is presumed innocent, and the prosecution must prove a defendant’s guilt beyond a reasonable doubt. If that does not happen, the presumption of innocence remains with the defendant.
Presumptive Commitment to the Commissioner of Corrections
A presumptive commitment means that a defendant’s presumed sentence is one of incarceration in the Minnesota Department of Corrections – in other words, in state prison. The presumption exists as a result of the Minnesota Sentencing Guidelines and Commentary, which control criminal sentences in Minnesota state court. A judge can depart from the presumptive sentence of prison in two ways: (1) a dispositional departure (meaning probation); or (2) a durational departure, which means that a judge can increase or decrease a defendant’s period of incarceration based on mitigating or aggravating circumstances in a given case.
Presumptive Stayed Sentence
A presumptive stayed sentence means that a defendant’s presumed sentence under the Minnesota Sentencing Guidelines and Commentary is one of probation. When a sentence is presumptively stayed, a district court has the discretion to include up to 364 days in local jail as a term of the defendant’s probation. Additionally, other non-jail sanctions can be imposed as part of probation. If the facts warrant it in a particular case, a judge can depart from the presumptive stayed sentence and sentence a defendant to an executed term of imprisonment. This is known as a dispositional departure, which requires the judge to make specific findings as to why a particular defendant should not receive probation.
Pretrial Release Conditions
When a defendant is in custody at a first appearance or arraignment, a judge must release the defendant on their promise to return or an unsecured appearance bond, or set conditions of release and/or bail. Criminal defendants will often be presented with a choice between being released on no monetary bail but subject to certain release conditions of the court, or posting unconditional bail or bond, which frees the defendant from pretrial release conditions. In setting conditions of release, a judge is to consider, among other factors, the nature and circumstances of the offense charged, the weight of the evidence, the defendant’s ties to the community, prior history of appearing in court, an alleged victim’s safety, and the safety of the community. The goal of the court in setting pretrial release conditions is twofold: ensuring the defendant’s appearance in court, and community safety.
Probable Cause
Probable cause is a legal standard that varies depending on the context in which it is used. In the context of a search warrant, for example, the probable cause requirement mandates that before a search warrant is authorized by a judge or magistrate, he or she must make a practical, common-sense decision whether, given all the circumstances set forth in the affidavit before him or her, there is a fair probability that contraband or evidence of a crime will be found in a particular place. This is the “totality of the circumstances” test for probable cause from the Supreme Court’s decision in Illinois v. Gates. In the context of a criminal charge, probable cause means that a person may be charged with a crime only where facts have been submitted to the district court showing a reasonable probability that the person committed the crime. If this reasonable probability is lacking, a person may challenge the charge against them for lack of probable cause.
Probation
Probation is a period of supervision over a defendant who has pleaded guilty or who has been found guilty at trial and received a stayed sentence. It is an exercise of the court’s jurisdiction over a defendant following sentencing, and usually requires a defendant to do things (such as serve local jail or perform community work service), but also to refrain from doing things (such as abstaining from the use of alcohol or mood-altering chemicals). The terms of a defendant’s probation will often be controlled by the defendant’s plea agreement, a presentence investigation conducted by probation, or both. Judges impose conditions of probation that are specific to a defendant’s case, while looking out for the interests of reforming the offender, protecting crime victims, and maintaining public safety.
Psychosexual Evaluation
When a person is convicted of a sex offense in Minnesota, the district court must order an independent assessment of the offender’s need for sex offender treatment to be completed before sentencing. The purpose of this assessment – or “psychosexual evaluation” as it is commonly called – is to comprehensively assess an offender’s personality and behavior through a variety of diagnostic and forensic tools, in order to develop an effective plan of sex offender treatment prior to sentencing. Psychosexual evaluations can be completed privately and proactively while a case is pending, or through a court-ordered referral after a defendant’s conviction.
Rasmussen Hearing
A Rasmussen hearing is a pretrial hearing where a defendant raises a constitutional challenge to particular evidence that was collected or seized from them and intended for use by the prosecutor as evidence at trial. A defendant’s goal at a Rasmussen hearing is to suppress evidence from trial. This evidence may consist of statements a defendant made to the police, physical evidence seized by the police through a search or seizure, or other evidence the defendant claims was obtained by the police in violation of the defendant’s constitutional rights. At the Rasmussen hearing, the prosecution will often call police officers to testify, and the defense has an opportunity to cross-examine the officers. Either party may offer evidence. Following the hearing, it is customary for the judge to take the issues under advisement and issue a written order.
Remote Hearing
A remote hearing is a court hearing conducted over Zoom for Government. Remote hearings are particularly well-suited for calendars where the need to have criminal defendants appear in person is either low or non-existent. All of the formal rules of court apply, including the rules of decorum. Like other in-person court appearances, a formal record is made of the proceedings.
Right to Remain Silent
The right to remain silent is a right guaranteed by the State of Minnesota and Federal Constitutions. It protects a suspect’s right to refrain from speaking to the police, answering questions about the factual allegations in court, and from testifying at trial if the defendant so chooses. Since the issuance of the Supreme Court’s decision in Miranda v. Arizona in 1966, the police must advise a criminal suspect subject to custodial interrogation that he has the right to remain silent, that anything he says may be used against him, that he has the right to an attorney, and that an attorney will be provided upon request before questioning. Like other rights, the right to remain silent may be waived by a defendant at any time, whether while talking with the police, in order testify in one’s own defense at a hearing or trial, or in order to plead guilty if he or she chooses.
Rule of Criminal Procedure 30.01 Dismissal
A rule 30.01 dismissal stems from Rule 30.01 of the Minnesota Rules of Criminal Procedure, which permits a prosecutor to dismiss a complaint or tab charge without the court’s approval, and to dismiss an indictment with the court’s approval. The reason that a court must approve the dismissal of an indictment is because an indictment represents the decision of a grand jury to charge a defendant, which cannot be unilaterally taken away by a prosecutor. The most common reason for a 30.01 dismissal of a complaint or tab charge is usually stated as “in the interests of justice” and may be due to a lack of evidence, the discovery of new evidence, a recantation of a complaint by an alleged victim, or the reassessment of a case by a prosecutor.
Search Warrant
A search warrant is a judicially-authorized court order permitting law enforcement to conduct a search of a person, place, or thing. To secure a search warrant, a law enforcement officer must submit a search warrant application to a judge or magistrate, consisting of a description of the person, place, or thing to be searched, along with a sworn affidavit establishing the grounds for the officer’s belief that evidence of a crime will be located at the target of the search warrant. A search warrant may only be granted upon a showing of probable cause, and a finding by a judge or magistrate that probable cause exists to warrant the requested search.
Sentencing
After a defendant pleads guilty or is found guilty after a trial, a judge will either proceed to sentencing or order a sentencing hearing on a future date. At sentencing, the district court judge formally pronounces a defendant’s sentence. A criminal sentence may consist of probation, with local jail or no jail at all, or an executed prison sentence. At a sentencing hearing, the parties may argue motions for a dispositional or durational departure, make arguments for specific terms of probation, and can offer testimony and evidence in support of their positions. A defendant has the right to make a statement to the judge, and a victim has the right to make a victim impact statement prior to the judge sentencing the defendant.
Serialized Prosecution of Criminal Charges
Minnesota law prohibits serialized prosecution, or double punishment, for offenses that constitute a single, or “unitary” course of conduct. By statute, a person cannot be punished twice (or more) for several offense committed in a unitary course of conduct. Offenses that involve a common time, place, and objective are more likely to constitute a unitary course of conduct, and a defendant may only be punished for one of the offenses (the most serious) committed during the single behavior incident or course of conduct. There are exceptions to this rule. For example, the multiple-victim exception allows for the punishment of multiple offenses within a single court of conduct by a defendant if multiple victims are involved. In such a case, a defendant may be punished for the harm to each victim, regardless of whether the harm was caused during a single behavioral incident.
Service
Service is typically the legal act of providing notice to an adverse party or other party that some legal process has commenced or occurred. As an example, if person A wishes to sue person B in court, it is not enough that person A simply files a lawsuit. Instead, a copy of person A’s complaint must be validly served on person B. In criminal law, the most common situations involving service have to do with motions. A motion will not be heard by a judge unless it is served on the opposing party. Service is also required in the context of expungements, petitions to restore firearm rights, and challenges to government forfeitures and license revocations and suspensions.
Speedy Omnibus Hearing
In Minnesota, a defendant has a right to a speedy omnibus hearing, which if requested, requires the district court to conduct an omnibus hearing no later than 28 days after a defendant’s first appearance. Unless a particular case presents a compelling reason for the omnibus hearing to be heard within 28 days of a first appearance, the 28-day requirement is typically waived.
Speedy Trial
A speedy trial is a right guaranteed by the State of Minnesota and Federal Constitutions. When demanded by a defendant, the right to a speedy trial requires that the prosecution and court bring a defendant to trial without unreasonable delay. If the defendant’s right to a speedy trial is denied, his case must be dismissed with prejudice. This means that the defendant cannot be charged later with the same offense(s). In Minnesota, a delay of trial longer than 60 days creates a presumption of prejudice to the defendant, which requires a court to look further into the issue to determine whether a dismissal is necessary or whether there was “good cause” for the delay. A delay of 60 days or more does not require automatic dismissal. Instead, the courts use a four-factor test from the Supreme Court’s case in Barker v. Wingo to determine whether dismissal is necessary. A speedy trial demand is often not advisable, because it can have the effect of sacrificing the important, and extended, work that goes into a case before trial.
Statutory Maximum Fine for a Criminal Offense
The statutory maximum fine constitutes the utmost amount of money that a judge can order a person to pay upon their conviction for a crime. The maximum fine for a misdemeanor in Minnesota is $1,000. The maximum fine for a gross misdemeanor is $3,000. Felony offenses vary widely, and the maximum fine for a felony offense differs across the breadth of statutory criminal offenses. For example, the maximum fine for low-level felony drug and theft offenses is $10,000, whereas the maximum fine for the more serious crime of first-degree assault is $30,000. Keep in mind that these figures constitute the absolute maximum fine that a court could impose. The fines imposed at sentencing are almost always far below these figures.
Statutory Maximum Sentence for a Criminal Offense
The statutory maximum sentence represents the maximum period of incarceration that a district court judge could order against a defendant convicted of an offense. The statutory maximum sentence can be viewed as a durational ceiling, but should not be viewed as the presumptive sentence. A defendant’s presumptive sentence upon conviction is controlled by the Minnesota Sentencing Guidelines and Commentary.
Stay of Execution
A stay of execution is a sentence in which a court pronounces a period of incarceration, but stays the execution of all or a part of the period of incarceration, and places a defendant on probation. A defendant who receives a stay of execution will have “time hanging over their head.” Unlike a stay of imposition, a person sentenced to a stay of execution in felony in a felony case will have a permanent felony on their record.
Stay of Imposition
A stay of imposition is a sentence in which a court does not impose (or pronounce) a stayed jail or prison sentence, but instead places a defendant on probation. A stay of imposition differs significantly from a stay of execution in felony and gross misdemeanor cases. In the case of a stay of imposition, a defendant’s felony or gross misdemeanor conviction is reduced to a misdemeanor so long as the defendant completes probation successfully. The reduction in offense level does not occur in the case of a stay of execution.
Stay of Adjudication
A stay of adjudication exists when a person enters a plea of guilty, but rather than accept and adjudicate the person’s guilt, a judge instead “stays” the adjudication (or “entry”) of guilt, and places the defendant on probation. At the end of probation, if the defendant is successfully discharged, the district court will dismiss the charge to which the defendant pleaded guilty. One unique twist to a stay of adjudication is that a district court cannot enter this disposition on its own accord, except for limited circumstances in first time, low level drug cases. Rather, the prosecution must agree to a stay of adjudication.
Subpoena
A subpoena is a court order requiring a person to testify in court. It can be issued by a district court administrator or their agent, a judge, or by an attorney acting as an officer of the court. A subpoena may also require a person to produce documents or other material. This is called a subpoena duces tecum, and translates from the Latin as “to bring with you.” In order to be valid, a subpoena must be signed and served upon the subject of the subpoena, whether the subject is a person or a corporation.
Summons
A summons is a written command to appear in court for a hearing. In the criminal law context, a criminal complaint can issue in two ways. The first is through an arrest warrant, where a warrant for a defendant’s arrest is issued from a court upon the filing of a criminal complaint against the defendant. This is often referred to as a complaint-warrant. The second way that a complaint can issue is by summons. In the case of a complaint-summons, a copy of the complaint and a summons to appear are mailed to the defendant’s address, directing the defendant to appear in court on a specific date. Under the Minnesota Rules of Criminal Procedure, a complaint-summons should be used unless a substantial likelihood exists that the defendant will fail to respond to a summons, the defendant’s location is not reasonably discoverable, or the defendant’s arrest is necessary to prevent imminent harm to anyone.
Supervised Release
Supervised release is what most people commonly understand to be parole. When an inmate is released from prison, they will typically be subject to a set period of supervised release and subject to the supervision of the Minnesota Department of Corrections. In most cases, the period of supervised release will consist of one-third of an inmate’s fixed, executed sentence. A person on supervised release will be assigned a supervision level, ranging from low risk to high risk. Those in the high risk category (Intensive Supervised Release “ISR”) may be subject to four weekly face-to-face meetings with their corrections agent, daily curfews, electronic home-monitoring, and alcohol and drug testing.
Thirty-Six and Forty-Eight Hour Rules
The 36-Hour Rule: When a police officer arrests a person without a warrant and the arrested person is not released by the police, the arrestee must be brought before a judge “without unnecessary delay” and in any event, not more than 36 hours after the arrest. This does not include the day of a person’s arrest, and also does not include Sundays and legal holidays. If a person is not brought before a judge within 36 hours of their arrest (excluding the day of arrest, Sundays, and legal holidays), then they must be released.
The 48-Hour Rule: When a person arrested without a warrant is not released by the arresting officer(s), a judge must make a probable cause determination without unnecessary delay, and in any event within 48 hours from the time of the arrest, including the day of arrest, Saturdays, Sundays, and legal holidays. Unlike the 36-Hour Rule, the day of the arrest, Sundays, and legal holidays are all included. If the Court determines that probable cause does not exist or does not make a determination as to probable cause within the time provided by this rule, the person must be released immediately.
Unanimous Verdict
In order for a criminal defendant to be convicted or acquitted at trial, the jury must be unanimous in its vote for either outcome. Unless resolved by further deliberation, an absence of unanimity will result in what is called a “hung jury.” A hung jury exists when, despite their efforts, a jury cannot reach a unanimous verdict. In Minnesota, a defendant is entitled to a six-person jury in misdemeanor and gross misdemeanor cases. A defendant is entitled to a 12-person jury in a felony case. Like other rights, the right to a unanimous verdict is waivable by a defendant. This means that a defendant in a felony case could proceed to verdict by majority vote of the jurors, if the defendant believes it is advisable. A waiver of a unanimous verdict must be made in writing or in open court on the record.
Victim
A victim is a person or entity victimized by the conduct of a criminal defendant. Out of deference for a defendant’s presumption of innocence, a victim is often referred to as a “complaining witness” or “alleged victim” while the defendant’s case is pending. An alleged victim is usually the prosecution’s main witness. By statute, “victim” also includes the family members, guardian, conservator, or custodian of a minor, incompetent, incapacitated, or a deceased person.” For example, a victim would also include the family members of a person killed by a defendant, or the parents of a minor child assaulted by a defendant.
Voir Dire
Voir dire is Latin for “to speak the truth,” but is often used by lawyers and judges to refer to the point in trial when a jury is selected. During voir dire, jurors are asked questions by the presiding judge and the attorneys for both sides in an effort to arrive at a jury composed of jurors who are free of bias and capable of listening to the evidence and arguments, and arriving at a just verdict. Voir dire is over-looked by some lawyers as either boring or unimportant, but it is a critical stage of the proceedings. After all, the persons chosen to serve as jurors in a case will have the ultimate say over a defendant’s guilt.
609.11
Minnesota Statutes Section 609.11 establishes mandatory minimum sentences for certain offenses where the defendant had in their possession or used a firearm or other dangerous weapon. If the offense involved a dangerous weapon other than a firearm, the mandatory minimum sentence is one year and one day. If the offense involved a firearm, the mandatory minimum sentence is not less than three years. The statute provides that a prosecutor may file a motion that a defendant be sentenced without regard to the mandatory minimum sentence. The statute also provides that a district court may, on its own motion, sentence a defendant without regard to the mandatory minimum sentence.