Criminal Defense in Minnesota

An arrest can happen in two ways:

• On-scene arrest: Police arrest you at the scene and take you to jail for booking (fingerprints, photo, paperwork).
• Cite and release: For many misdemeanors, police give you a citation (ticket) and release you. You are not taken to jail but must appear in court on the date listed.

After an arrest, you will be booked at the jail. During booking:

• You will be fingerprinted and photographed
• Your personal property will be inventoried
• You will have the opportunity to make a phone call

What you should do:

• Stay calm and be polite. Do not resist arrest, even if you believe it is unjust.
• Say: “I am exercising my right to remain silent. I want a lawyer.” Then stop talking.
• Do not consent to searches. Say: “I do not consent to a search.”
• Do not sign anything without a lawyer present.

For more detail on your rights during arrest, see our When You Are Arrested page.

If you are held in jail, you must be brought before a judge within 36 hours of arrest (not counting the day of arrest, Sundays, or legal holidays) under Rule 4.02 of the Minnesota Rules of Criminal Procedure.

At the first appearance, the judge will:

1. Read the charges against you
2. Advise you of your rights, including your right to an attorney
3. Determine bail or conditions of release – Minnesota emphasizes non-monetary conditions of release (Rule 6.02), meaning you may be released without posting cash bail
4. Determine if you qualify for a public defender – if your income is low enough, the court will appoint one ( Minn. Stat. § 611.17 ). There is a $75 co-pay, but it can be waived if you cannot afford it.

The arraignment (Rule 5) is the formal court hearing where you enter a plea. In many misdemeanor and gross misdemeanor cases, the first appearance and arraignment happen at the same hearing. For felonies, they are usually separate.

At arraignment, you will:

1. Hear the formal charges read by the court
2. Enter a plea:
   • Not guilty – the case proceeds to pretrial hearings and potentially trial. This is what most people should plead at this stage.
   • Guilty – you admit to the charges. The court will sentence you. Do not plead guilty without talking to a lawyer first.
   • Not guilty is almost always the right plea at arraignment, even if you think you may be guilty. It preserves all your options.

The omnibus hearing (Rule 11) is one of the most important hearings in a Minnesota criminal case. This hearing is unique to Minnesota – most other states do not have an equivalent.

At the omnibus hearing, your attorney can raise all pretrial motions, including:

• Probable cause challenge: Was there enough evidence to charge you?
• Suppression motions: Should evidence be thrown out because police obtained it illegally? (For example, an illegal search, a coerced confession, or a faulty identification.)
• Discovery issues: Has the prosecution turned over all the evidence they are required to share?
• Constitutional challenges: Were any of your rights violated?

The omnibus hearing is scheduled by the court. There is no statewide deadline, but most districts schedule it within a few weeks of arraignment (for example, Hennepin County typically schedules it approximately 42 days out).

Most criminal cases in Minnesota are resolved through plea negotiations, not trial. Your attorney and the prosecutor will discuss possible resolutions.

Common outcomes of plea negotiations include:

• Reduced charges – a felony reduced to a gross misdemeanor, for example
• Stay of adjudication – see the important explanation below
• Diversion program – charges dismissed if you complete the program (see below)
• Agreed-upon sentence – both sides recommend a specific sentence to the judge

Under Rule 15, any guilty plea must be knowing, voluntary, and intelligent. The judge will ask you a series of questions to make sure you understand what you are giving up by pleading guilty.

If you are not a U.S. citizen: Your attorney must advise you about immigration consequences of any plea (known as a Padilla warning). A criminal conviction can affect your immigration status, including the possibility of deportation. Tell your attorney about your immigration status before accepting any plea.

Stay of Adjudication

A stay of adjudication is one of the most important outcomes in Minnesota criminal law, and many people do not know about it.

Here is how it works:

1. You plead guilty
2. The judge does not enter a conviction
3. You are placed on probation with conditions (such as community service, treatment, or staying out of trouble)
4. If you successfully complete probation, the case is dismissed – no conviction on your record

This is different from a regular conviction followed by probation. With a stay of adjudication, you end up with no criminal conviction if you complete the conditions. This can make an enormous difference for employment, housing, professional licenses, and immigration.

Norgaard Plea

Minnesota recognizes the Norgaard plea (similar to what other states call an Alford plea). With a Norgaard plea, you do not admit guilt, but you acknowledge that the prosecution has enough evidence that a jury would likely find you guilty. Named after State v. Norgaard, 272 Minn. 48 (1965).

This option may be appropriate when you maintain your innocence but want to avoid the risk of a trial. Discuss this option with your attorney.

Diversion Programs

Many Minnesota counties offer pretrial diversion programs, especially for:

• First-time offenders
• Juvenile offenders
• Low-level, non-violent offenses
• Drug and alcohol offenses

In a diversion program, you complete certain requirements (such as community service, treatment, or educational classes). If you successfully complete the program, the charges are dismissed. Hennepin County, Ramsey County, and most other counties have formal diversion programs.

Ask your attorney whether you are eligible for diversion. It is one of the best possible outcomes because you avoid a conviction entirely.

If your case is not resolved through plea negotiations, it goes to trial (Rule 26). You have the right to a jury trial for any offense that could result in jail time.

Key facts about trial in Minnesota:

• Felonies: Jury of 12 members. Verdict must be unanimous.
• Misdemeanors and gross misdemeanors: Jury of 6 members. Verdict must be unanimous.
• Burden of proof: The prosecution must prove every element of the charge beyond a reasonable doubt. You do not have to prove anything.
• Right to testify or not: You have the right to testify in your own defense, but you also have the right to remain silent. The jury cannot hold your silence against you.

Speedy trial rights: If you demand a speedy trial:

• Felonies and gross misdemeanors: Trial must begin within 60 days of the demand (Rule 11.09)
• Misdemeanors (defendant in custody): Trial must begin within 10 days of the demand (Rule 6.06)

If the government does not meet these deadlines, the charges may be dismissed.

If you are found guilty at trial or plead guilty, the court will sentence you. Sentencing may happen immediately or at a separate hearing (Rule 27).

For felonies – the Minnesota Sentencing Guidelines:

Minnesota uses a unique Sentencing Guidelines Grid for felonies. The sentence is determined by two factors:

1. Severity level of the offense (ranked 1–11, with 11 being the most serious)
2. Criminal history score (based on your prior convictions)

The grid produces a presumptive sentence – the sentence the judge is expected to impose. The judge can depart from the guidelines (give a longer or shorter sentence), but must state reasons on the record. Under Blakely v. Washington, any fact that increases a sentence beyond the guidelines must be found by a jury.

Common sentencing options include:

• Stayed sentence (probation): The prison sentence is imposed but “stayed” – you serve probation instead. If you violate probation, the stayed sentence can be executed.
• Executed sentence: You serve time in jail (misdemeanor/gross misdemeanor) or prison (felony).
• Fines and surcharges
• Restitution: Payment to the victim for losses caused by the crime
• Community service
• Treatment programs (chemical dependency, mental health, anger management)

After sentencing, you have several options:

• Appeal: You can appeal a conviction or sentence to the Minnesota Court of Appeals. Talk to your attorney about deadlines – you typically have 90 days to file a direct appeal.
• Post-conviction relief: If new evidence comes to light or there were serious errors in your case, you may be able to file a petition for post-conviction relief.
• Expungement: After completing your sentence, you may be able to get your record sealed. See our Expungement Guide for details.