Minneapolis Criminal Lawyer & Attorney : Brown Law Firm : Minnesota Criminal Defense : Minneapolis, St. Paul, Twin Cities

A plea in Minnesota must be made knowingly, voluntarily and intelligently. This means that the defendant in a criminal case must acknowledge that they understand all of their rights and, more importantly, the fact that they are waiving them. In every case, this is done verbally (on the record) and in writing (through a signed Petition to Enter Plea of Guilty in Minnesota).

The following must be acknowledged by the defendant prior to the acceptance of a plea agreement: 

• I feel that I have had sufficient time to discuss my case with my attorney.
• I am satisfied that my attorney is fully informed as to the facts of this case.
• My attorney has discussed possible defenses to the crime that I might have.
• I am satisfied that my attorney has represented my interests and has fully advised me.
• I know that I could now move that the complaint against me be dismissed for lack of probable cause and I know that if I do not make such a motion and go ahead with entering my plea of guilty, I waive all right to successfully object to the absence of a probable cause hearing.
• I also know that I waive all right to successfully object to any errors in the probable cause hearing when I enter my plea of guilty.
• That I have a right to a pre-trial hearing before a judge to determine whether or not the evidence the prosecution has could be used against me if I went to trial in this case.
• That if I requested such a pre-trial hearing I could testify at the hearing if I wanted to, but my testimony could not be used as substantive evidence against me if I went to trial in this case.
• That I do not now request such a pre-trial hearing and I specifically now waive my right to have such a pre-trial hearing.
• That whether or not I have had such a hearing I will not be able to object tomorrow or any other time to the evidence that the prosecutor has.
• That if I wish to plead not guilty I am entitled to a trial by a jury on the issue of guilt, and all jurors would have to agree I was guilty before the jury could find me guilty.
• That if I plead guilty I will not have a trial by either a jury or by a judge without a jury.
• I have been told by my attorney and I understand that if I wish to plead not guilty and have a trial by jury or trial by a judge I would be presumed innocent until my guilt is proved beyond a reasonable doubt.
• That if I wish to plead not guilty and have a trial the prosecutor would be required to have the witnesses testify against me in open court in my presence and that I would have the right, through my attorney, to question these witnesses.
• That if I wish to plead not guilty and have a trial I would be entitled to require any witnesses that I think are favorable to me to appear and testify at trial.

The entry of a plea is a serious matter that cannot easily be undone. The failure to fully understand your rights at this state of the criminal process, however, could potentially facilitate a withdrawal of a plea. For that reason, the state will proceed very cautiously in making sure that the record reflects that you fully understand the nature of the proceedings and the rights you are waiving.

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A “pretrial” hearing is a person’s last court appearance on a criminal charge prior to trial. At this hearing, the parties generally have gathered all the information they need to fully negotiate the case, including crime victim input.

In negotiating the case, the prosecuting attorney will consider the following factors:

• Severity of the crime and its impact upon the victim and/or community; 
• Criminal history of the defendant;
• Defendant’s age and physical and/or mental health;
• Whether the defendant expresses genuine remorse;
• Defendant’s willingness to make restitution;
• Victim’s preferences in how the case should be handled; and 
• The likelihood of conviction at trial.

If the parties are unable to resolve the case, a trial date will be set. Ongoing negotiation with the prosecutor will continue pending trial.

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Our law firm recently represented an indvidual charged with arson. Upon reviewing the complaint, our lawyers determined that the State of Minnesota lacked probable cause in claiming that an act of arson occurred. Once an individual is charged with a crime in Minnesota, the issue of probable cause becomes critical.

In each case, the court must determine whether the crime with which an individual has been charged can stick if all of the facts outlined by the State in its complaint are accepted as true. In this case, our lawyers argued that even if the facts were accepted as true as outlined in the State’s complaint, as a matter of law the defendant could not be convicted of arson. Our persistence paid off and the county attorney ultimately agreed to reduce the charge to one count of disorderly conduct.

In this particular instance, the State alleged that the defendant committed an act of arson by dumping large quantities of gasoline on a roadway and lighting it on fire. However, the relevant statute makes it quite clear that an arson charge must involve damage to property “of value.” Our firm argued that because no damage was done to the road and, because no damage could have been done to the road, it did not qualify as property “of value” within the meaning of the statute.

As a result of pleading to a public nuisance, our client was ordered to perform four (4) hours of community service. The State sought substantial consequences. Our concern for this client involved the contents of his criminal record. It will be much easier for him to address prior involvement in the court system because of a public nuisance situation rather than a conviction for arson.

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The Minnesota Rules of Criminal Procedure outline the criminal court process in Minnesota and address critical issues such as the scope of a criminal complaint, the pre-trial appearances that are required of a Defendant, the process of arrest and booking and plea agreements. Click below for a complete list of Minnesota Rules, with hyperlinks. Continue Reading...

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