In Minnesota, a gross misdemeanor offense is a crime in which no more than one year in jail and a $3,000 may be imposed. Gross misdemeanors are more severe than a misdemeanor, but less serious than a felony. Common gross misdemeanors include Second and Third Degree DWI, Driving After Cancellation Inimical to Public Safety, Violating…
In Minnesota, a felony offense is a crime in which more than one year of imprisonment may be imposed. When you receive a sentence of more than a year of incarceration it means you are going to a state prison facility and not a local county jail. How much prison time you may receive is…
If you are arrested for a criminal offense, you cannot be held in jail forever without seeing a judge. The 36 and 48-hour rules protect against such inhumane scenarios. If someone you know has recently been arrested, understanding these time limitation rules and how each county applies them, will help you understand when that person…
If you are trying to figure out when will bail get set for someone, the quickest way to find out is to either call a criminal defense lawyer or call the sheriff’s office where the offense occurred. Most criminal defense attorneys worth their salt will have an idea of when bail may get set or…
For most misdemeanor offenses, the person arrested will often be released from custody after a few hours. This includes Fourth Degree Misdemeanor DWI, Misdemeanor Theft, Misdemeanor Drug Possession, Disorderly Conduct, and minor traffic offenses. If you are trying to figure out how to get someone out of jail that was arrested for one of these…
A Morrissey Hearing is another name for a contested probation violation hearing. When a person is placed on probation and allegedly violates the conditions of their probation, they are entitled to have a hearing where the prosecution has to prove by clear and convincing evidence that the conditions of probation were violated. Before you get…
In Misdemeanor cases, the Pre-Trial Hearing generally takes place after the arraignment (sometimes referred to as the first appearance). At this hearing, the prosecution usually makes a plea offer for you to consider resolving your case. This plea negotiation can sometimes happen on the day of the Pre-Trial Hearing and sometimes it is made in…
A jury trial is the last stage to determine guilt or innocence in a criminal case at the district court level. If all other avenues have been exhausted, such as plea bargaining, pre-trial contested motions, possible pleas to the court, and the defense and prosecution cannot come to an agreement, then you have the right…
A Court Trial, or what is sometimes referred to as a Bench Trial, is a trial in front of a judge. Instead of having a trial by jury, you may choose to have your case decided by a judicial officer. In petty misdemeanor cases and juvenile court matters, you do not have a right to…
A Settlement Conference is an in-court hearing used to see if the prosecution and defense can reach a settlement prior to a trial taking place. By this point, the court has already conducted your first appearance, pre-trial hearing, and possibly contested hearings challenging the admissibility of evidence in your case. The Settlement Conference is often…