Court Proceedings

When a complaint is issued by the County Attorney's Office and signed by a judge:

• The defendant is scheduled for a first appearance in court, at which the judge: 
  • ensures an attorney represents the defendant, and 
  • decides whether the defendant should be held in jail or required to post bail until trial.
• Two weeks later, an omnibus hearing is held, at which the judge:
  • determines if there is sufficient evidence to take the case to trial, 
  • gives the defendant the opportunity to plead guilty or not guilty, and
  • sets a trial date, usually within 60 days unless the defendant asks for or agrees to a trial at a later date.

Under the laws of the United States and State of Minnesota, a defendant is innocent until proven guilty.

• A defendant's release based on his/her promise to appear at future court appearances is common.
• If the court determines the defendant is unlikely to appear at future court dates or is a threat to public safety, bail or special conditions of release, such as no contact with victims or witnesses, may be imposed.
  • Bail is a deposit of money held by the court that can be forfeited if the defendant fails to appear in court, breaks the law or violates the conditions of release.
• You should notify the prosecutor of any concerns you have regarding a defendant's release or known violations of a defendant's release conditions.

In most cases, the defendant pleads guilty and a trial is not needed. A plea negotiation is an agreement to settle a criminal case by a plea of guilty, or other appropriate disposition, without a trial, when it appears to be in the interest of the public, the victim and the effective administration of justice.

Pending trial

• Cooperate with the prosecutor and law enforcement. You may be contacted for further information.
• Our office will tell you of any special things you should do pending trial.
• If you change your address or phone number, contact us as soon as possible.
• Immediately report to police and our office if the defendant or others attempt to influence you through threats or coercion. Tampering with a witness is a punishable crime.

Testifying

• Testimony of victims is usually not required until the trial.
• Whether you will have to testify will be determined at the time of trial. 
• If your testimony is needed, you will receive a subpoena telling you where and when to appear. 
• Additional information will be sent to help you prepare for your court appearance. 

• The trial may be before a jury of 12 people, or only a judge, depending on what the defendant requests.
• The trial begins with both sides having the opportunity to make an opening statement on the facts they expect to prove.
• The prosecutor then presents the state's case by using witnesses and exhibits.
• When the prosecutor is finished, the defense attorney may give an opening statement if it has not already been given.
• The defense attorney then may present a case using witnesses and exhibits. The defendant is not required to prove anything. The defendant can decide not to testify.
• When the defense has completed its case, both sides are allowed to make closing arguments, with the prosecutor going first.
• The judge or jury will make a decision of guilty or not guilty.
• The prosecutor must prove the defendant guilty beyond a reasonable doubt.

Before sentencing, a pre-sentence investigation is prepared which includes both a social and criminal history of the defendant, victim impact information, restitution information and any recommendations to the court by the pre-sentence investigator regarding sentencing.  The prosecutor and defense attorney may also make recommendations to the judge regarding sentencing.

The sentencing judge must apply the Minnesota Sentencing Guidelines, which give a presumptive sentence that a defendant should receive based upon the seriousness of the crime and the defendant's criminal record. When a probationary sentence is called for by the Guidelines, a judge may impose county jail time, fines, treatment, restitution, community service or other requirements as conditions of probation.