Facing Misdemeanor Charges in Minnesota? Our Defense Attorneys Summarize the Process
In Minnesota, a misdemeanor is punishable by up to 90 days in jail and a maximum fine of $1,000. The most common misdemeanor charges include moving violations such as failing to stop at a stop sign, underage driving under the influence, and driving after license revocation. Some of the more common non-motoring misdemeanors include fifth-degree assault, DWI, a first violation of an order for protection and theft charges involving merchandise valued at less than $500.
Once a citation is issued a court date will be assigned. Some citations may simply be taken care of by paying a fine prior to the court date. The first court appearance in a misdemeanor case is referred to as an "arraignment." The individual who has been charged will be advised of their rights and may enter a guilty or a not guilty plea. If a guilty plea is entered, the Judge will usually impose the sentence at that time. Penalties often include a fine, jail time, and other conditions during a period of probation.
If a not guilty plea is entered the case is set for a pre-trial hearing. At the pre-trial, the prosecuting attorney and the defense lawyer attempt to reach a resolution. If no resolution is reached at the pre-trial conference, the case is scheduled for a jury trial. In misdemeanor cases, both the State and the defendant may present evidence to a jury of six.
There are a number of situations in which conduct involving a misdemeanor charge will carry a felony penalty as a result of the offender's prior record. For instance assault in the fifth degree is a felony if the offender has two or more prior convictions for assaultive behavior. Likewise, theft crimes of more than $200 but less than $500 are felonies if the defendant has at least one prior conviction.
The criminal defense lawyers with the Brown Law Offices, P.A. are here to help you. We've handled countless misdemeanor cases in Minnesota. Contact us for a free consultation with one of our experienced Minnesota misdemeanor defense attorneys: 763.323.6555 or submit your inquiry through our online consultation form.
