Chapter 611 — Rights of the Accused

15.001 Application of Laws 2005, Chapter 56, Terminology Changes State agencies must use the updated terminology from Laws 2005, chapter 56, when they replace old printed materials and … 611.001 This section is a cross-reference to section 15.001, which addresses terminology changes from Laws 2005, chapter 56. It … 611.01 Ground of Arrest, Knowledge When you are arrested, you have the right to know why. The officer who arrests you must tell you the true reason for … 611.02 Presumption of Innocence; Conviction of Lowest Degree, When Every person accused of a crime is presumed innocent until proven guilty. If there is a reasonable doubt about whether … 611.025 Presumption of Responsibility In every criminal case, a person is presumed to be responsible for their own actions. If a defendant wants to claim they … 611.026 Criminal Responsibility of Persons With a Mental Illness or Cognitive Impairment A person with a mental illness or cognitive impairment who cannot understand court proceedings or help with their own … 611.027 Disposition of Child of Parent Arrested When a parent is arrested while with their child, the officer may release the child to someone the parent chooses. The … 611.03 Conviction A person charged with a crime can only be convicted in three ways: by admitting the charge is true through a formal … 611.033 Copy of Confession or Admission If a defendant makes a written confession or admission, it cannot be used as evidence in court unless the defendant … 611.04 This section has been repealed and is no longer in effect. It was removed by the legislature in 1979. 611.05 Continuance; Effect; Bail If a defendant is not charged or tried on time but the court has good reasons for the delay, the case can be continued … 611.06 Defendant Entitled to Blank Subpoenas If you are a defendant without a lawyer, the court clerk must give you free blank subpoenas so you can require witnesses … 611.07 This section has been repealed and is no longer in effect. It was removed by the legislature in 1989. 611.071 This section has been repealed and is no longer in effect. It was removed by the legislature in 1989. 611.08 This section has been repealed and is no longer in effect. It was removed by the legislature in 1979. 611.09 This section has been repealed and is no longer in effect. It was removed by the legislature in 1963. 611.10 This section has been repealed and is no longer in effect. It was removed by the legislature in 1963. 611.11 No Presumption From Failure to Testify A defendant in a criminal case has the right to testify if they choose to, but they cannot be forced to testify. If a … 611.12 This section has been repealed and is no longer in effect. It was removed by the legislature in 1989. 611.13 This section has been repealed and is no longer in effect. It was removed by the legislature in 1969. 611.14 Right to Representation by Public Defender This law says who has the right to a free public defender in Minnesota. If you cannot afford a lawyer, you can get a … 611.15 Notification of Right to Representation In every criminal case, including juvenile delinquency cases, if a person shows up to court without a lawyer, the judge … 611.16 Request for Appointment of Public Defender Any person who qualifies for a public defender can ask the court to appoint one at any time during their case. This … 611.17 Financial Inquiry; Statements; Co-payment; Standards for District Public Defense Eligibility If you are charged with a crime and cannot afford a lawyer, you may qualify for a free public defender. You are eligible … 611.18 Appointment of Public Defender If a person meets the requirements for a public defender, the court must order one to represent them. For appeals, the … 611.19 Waiver of Appointment of Counsel If a defendant decides to give up their right to a lawyer, they must put that decision in writing and sign it. If the … 611.20 Subsequent Ability to Pay Counsel If the court finds out that a defendant who has a public defender can actually afford a private lawyer, the court must … 611.21 Services Other Than Counsel A court-appointed lawyer for a defendant who cannot afford one may ask the court for money to pay for investigators, … 611.214 This section has been repealed and is no longer in effect. It was removed by the legislature in 1989. 611.215 State Board of Public Defense The State Board of Public Defense oversees Minnesota's public defender system. It is part of the judicial branch but … 611.216 Criminal and Juvenile Defense Grants The Board of Public Defense gives grants to nonprofit organizations that provide criminal and juvenile defense to people … 611.22 This section has been repealed and is no longer in effect. It was removed by the legislature in 1987. 611.23 State Public Defender; Appointment; Salary The state public defender is appointed by the State Board of Public Defense for a four-year term. This person oversees … 611.24 Chief Appellate Public Defender; Organization of Office; Assistants The State Board of Public Defense appoints a chief appellate public defender who serves a four-year term and manages the … 611.25 Powers; Duties; Limitations The chief appellate public defender represents people who are appealing criminal convictions or pursuing postconviction … 611.26 District Public Defenders Each of Minnesota's judicial districts has a chief district public defender appointed by the State Board of Public … 611.261 This section has been repealed and is no longer in effect. It was removed by the legislature in 1991. 611.262 Representation Before Appointment A public defender or their assistant can represent or give legal advice to someone before the court formally appoints … 611.263 Employer; Ramsey, Hennepin Defenders Assistant public defenders in Ramsey County (Second Judicial District) are county employees, and those in Hennepin … 611.265 Transition Outside of Ramsey and Hennepin Counties, district public defenders and their employees are state employees in the … 611.27 Offices of District Public Defender; Financing; Representation The State Board of Public Defense controls funding for all public defender offices in Minnesota. The board distributes … 611.271 Copies of Documents; Fees Public defenders can get free copies of documents they need for cases, including police reports, photos, grand jury … 611.272 Access to Government Data Public defenders in Minnesota have access to the state's criminal justice data network to prepare their cases. They can … 611.273 Surplus Property The Board of Public Defense can give surplus computers to part-time public defense employees for their use. This is an … 611.28 This section has been repealed and is no longer in effect. It was removed by the legislature in 1991. 611.29 This section has been repealed and is no longer in effect. It was removed by the legislature in 1991. 611.30 Right to Interpreter, State Policy Minnesota law declares that people with communication disabilities cannot have their rights fully protected without … 611.31 Person Disabled in Communication A 'person disabled in communication' means someone who, because of a hearing or speech disorder, or because of … 611.32 Proceedings Where Interpreter Appointed In any court proceeding where a person with a communication disability could face jail, criminal penalties, or loss of … 611.33 Qualified Interpreter A qualified interpreter must be able to communicate with the disabled person and accurately translate everything said in … 611.34 Applicability to All Courts The interpreter rights described in sections 611.30 through 611.34 apply to all courts in Minnesota, including courts … 611.35 Reimbursement of Appointed Counsel If you had a court-appointed lawyer and later become able to pay for one, you must reimburse the government for the … 611.362 Claim for Compensation Based on Exoneration A person who has been exonerated (cleared of a crime they were wrongly convicted of) can file a claim for money to … 611.363 Compensation Panel When an exonerated person files a compensation claim, the chief justice of the Minnesota Supreme Court appoints a … 611.364 Prehearing Settlements and Hearing Before a formal hearing, the compensation panel may set up a settlement conference where both sides try to agree on a … 611.365 Damages Exonerated persons are entitled to at least $50,000 for each year spent in prison and at least $25,000 for each year on … 611.366 Judicial Review If either the exonerated person or the state disagrees with the compensation amount awarded, they can ask for judicial … 611.367 Compensating Exonerated Persons; Appropriations Process After the compensation panel determines the award for an exonerated person, it sends the amount to the commissioner of … 611.368 Short Title Sections 611.362 through 611.368 are officially known as the 'Incarceration and Exoneration Remedies Act.' This is the … 611.40 Applicability Sections 611.40 through 611.59 set the rules for deciding whether an adult defendant is mentally competent to stand … 611.41 Definitions This section defines key terms used in Minnesota's competency-to-stand-trial laws. It covers definitions for competency, … 611.42 Competency Motion Procedures A defendant is considered incompetent if, due to mental illness or cognitive impairment, they cannot talk with their … 611.43 Competency Examination and Report When a court orders a competency examination, it appoints a doctor or psychologist to evaluate the defendant. The … 611.44 Contested Hearing Procedures After the competency examiner files a report, either the prosecutor or defense lawyer can request a hearing by filing an … 611.45 Competency Findings The court must rule on a defendant's competency within 14 days of receiving the examiner's report, or within 30 days … 611.46 Incompetent to Stand Trial and Continuing Supervision or Monitoring When a defendant is found incompetent, the court orders them to participate in a program to help them regain competency. … 611.47 Administration of Medication When a defendant is found incompetent, the court can determine whether the defendant has the capacity to decide about … 611.48 Review Hearings Either the prosecutor or defense lawyer can ask the court for a hearing to review a defendant's competency attainment … 611.49 Likelihood to Attain Competency If a defendant has been in a competency program for at least one year without regaining competency, or has not received … 611.50 Defendant's Participation and Conduct of Hearings Competency hearings can be held at a treatment facility if all parties agree, or by video conference. If a medical … 611.51 Credit for Confinement If a defendant who was found incompetent later becomes competent and is convicted, any time they spent in a secure … 611.55 Forensic Navigator Services The Minnesota Competency Attainment Board must provide enough forensic navigator services for all defendants found … 611.56 Minnesota Competency Attainment Board The Minnesota Competency Attainment Board is a seven-member body in the judicial branch that oversees the state's … 611.57 Certification Advisory Committee The Certification Advisory Committee advises the Minnesota Competency Attainment Board on certifying competency … 611.58 Competency Attainment Curriculum and Certification The Minnesota Competency Attainment Board must develop a curriculum to help defendants found incompetent learn to … 611.59 Competency Attainment Programs The board must provide competency attainment services for defendants found incompetent in every judicial district. It …