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

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.

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