A case usually begins in one of two ways. Law enforcement may arrest a person, with or without a warrant. Or the court may issue a summons: a written notice telling the person when and where to appear, with a copy of the charges.

A person who is arrested must be brought before a judge without unnecessary delay, (generally within 36 hours). If a person does not appear in court as ordered, the judge may issue a warrant for their arrest.

The judge makes sure the defendant has a copy of the charges and explains their rights, including the right to remain silent, the right to a lawyer, and the right to a trial. A defendant who cannot afford a lawyer may ask for a public defender.

If the defendant cannot fully understand the proceedings because of a hearing, speech, or language barrier, the judge appoints a qualified interpreter.

The judge also sets bail and conditions of release, such as no contact with certain people or limits on travel. If you are a victim, Victim/Witness staff can explain what these conditions mean for you.

In felony and gross misdemeanor cases, the defendant returns to court within 14 days, unless this hearing was combined with the first appearance. The judge again reviews the charges and the defendant's rights. The defendant may plead guilty at this hearing. Otherwise, the case moves to an omnibus hearing.

If the defendant has not pleaded guilty, the court holds an omnibus hearing, generally within 28 or 42 days of the first appearance. The judge decides whether there is probable cause: enough evidence to believe a crime was committed and that the defendant committed it. The judge also rules on questions about evidence and procedure, and both sides may question witnesses.

The defendant may enter a plea at or after this hearing. If the plea is not guilty, a trial date is set.

Before trial, the prosecutor and the defense attorney may meet, often with the judge, to narrow the issues and see whether the case can be resolved without a trial. Many cases are resolved this way through a plea agreement.

A defendant has the right to a jury trial for any offense that can be punished by time in jail or prison, or may choose a trial before a judge alone. In felony cases the jury has 12 members; in other cases it has six. A jury's verdict must be unanimous, and the prosecution must prove guilt beyond a reasonable doubt.

After a not-guilty plea, either side may demand a speedy trial. The trial then generally must start within 60 days, unless the court finds good cause for a later date.

If a defendant pleads guilty or is found guilty, the judge sentences them at a later hearing. For felonies, the Minnesota Sentencing Guidelines set a presumptive sentence based on the seriousness of the offense and the person's criminal history. A sentence may include jail or prison, probation, fines, and restitution.

Victims have the right to tell the court how the crime affected them before sentencing, in person or in writing. Victim/Witness staff can help. 

New to these terms? See Common Legal Terms.