Know Your Rights: Facing Criminal Charges in Minnesota

If you have been charged with a crime in Minnesota, you have important rights at every stage of the process – from your first court appearance through sentencing and beyond. This page supplements our When You Are Arrested page, which covers your rights at the time of arrest.

Your Rights

1. You are presumed innocent. The government must prove you guilty beyond a reasonable doubt. You do not have to prove anything.

2. You have the right to an attorney at every stage. Minnesota law gives you the right to a lawyer for any offense that could result in jail time – even a misdemeanor ( Minn. Stat. § 611.14 ). This is broader than the federal minimum.

3. You have the right to a public defender. If you cannot afford a lawyer, the court will appoint a public defender. Ask for one at your first court appearance. The co-pay is $75 and can be waived ( Minn. Stat. § 611.17 ).

4. You have the right to see a judge quickly. If you are in jail, you must be brought before a judge within 36 hours (not counting day of arrest, Sundays, or holidays).

5. You have the right to bail or release. Minnesota courts are encouraged to use non-monetary conditions of release. You should not be held in jail simply because you cannot afford bail.

6. You have the right to a jury trial. Felonies: 12 jurors. Misdemeanors and gross misdemeanors: 6 jurors. The verdict must be unanimous.

7. You have the right to a speedy trial. If you demand it: 60 days for felonies and gross misdemeanors, 10 days for misdemeanors if you are in custody.

8. You have the right to remain silent. You do not have to testify at trial, and the jury cannot hold your silence against you.

9. You have the right to confront witnesses. You can cross-examine every witness the prosecution calls against you.

10. You have the right to challenge evidence. At the omnibus hearing (unique to Minnesota), your attorney can argue to suppress illegally obtained evidence, challenge probable cause, and raise constitutional issues.

What to Do After Being Charged

• Get a lawyer immediately. If you cannot afford one, ask for a public defender at your first court appearance. Do not wait.
• Go to every court date. If you miss a hearing, the judge will issue a warrant for your arrest. See our Missed Court Date Guide if this has already happened.
• Do not talk about your case. Do not discuss your case with anyone except your attorney – not friends, not family, not on social media. Anything you say can be used against you.
• Do not contact the alleged victim. If there is a no-contact order, violating it is a separate crime.
• Follow all conditions of release. If the court ordered conditions (such as no alcohol, check-ins, or a curfew), follow them exactly. Violations can result in jail.
• Gather information for your attorney. Write down everything you remember about the incident. Collect any documents, photos, texts, or other evidence that may help your case. Give it all to your attorney.
• Ask about a stay of adjudication. This is an outcome where you plead guilty but no conviction is entered. If you complete probation, the case is dismissed – no conviction on your record.
• Ask about diversion programs. Many Minnesota counties offer pretrial diversion for first-time and low-level offenders. If you complete the program, charges are dismissed.

Important Deadlines

Deadline	What It Means
36 hours	Maximum time in jail before seeing a judge (not counting day of arrest, Sundays, or holidays)
First appearance	Ask for a public defender immediately if you cannot afford an attorney
Omnibus hearing	Critical pretrial hearing – make sure your attorney is prepared for motions
60 days	Speedy trial deadline for felonies/gross misdemeanors after demand
10 days	Speedy trial deadline for misdemeanors if in custody after demand
90 days	Typical deadline to file a direct appeal after sentencing

Crime Classifications at a Glance

Level	Max Jail/Prison	Max Fine
Petty Misdemeanor	None	$300
Misdemeanor	90 days	$1,000
Gross Misdemeanor	1 year	$3,000
Felony	1+ years in prison	$10,000+

Get Help

• Minnesota Board of Public Defense: pubdef.state.mn.us – Public defender information statewide

For more detail: See our full guides on related topics:

Criminal Defense in Minnesota

A plain-language guide to the criminal justice process in Minnesota. Learn about arrest, charges, court hearings, plea options, sentencing, and your rights at every stage.

DUI / DWI Charges in Minnesota

A plain-language guide to understanding DUI and DWI charges in Minnesota, including penalties, license consequences, and the court process.

Getting a Public Defender in Minnesota

A plain-language guide to understanding your right to a public defender in Minnesota, including eligibility, how to apply, and what to expect.

Criminal Record Expungement in Minnesota

Learn how to seal or expunge a criminal record in Minnesota. Plain-language guide covering eligibility, the step-by-step process, costs, and where to get help.

What to Do If You Missed a Court Date in Minnesota

A plain-language guide to handling a missed court appearance in Minnesota, including bench warrants, how to resolve them, and your legal options.