MN DWI Lawyer | MN Criminal Defense Attorney

Criminal Court Process

The following is a brief summary of the various steps of the criminal court process:

Charge | Complaint | Indictment

Generally, the seriousness and type of criminal charge will determine the method by which an accused person ("Defendant") is ultimately "charged" and prosecuted for a crime. Prosecution for the most serious crimes, such as murder, are generally initiated via an "Indictment," which essentially means a "grand jury" (a panel of persons) has decided that the prosecution has presented enough evidence to show probable cause that a Defendant has committed a crime and should stand trial. This is a relatively easy thing for the prosecution to do--hence, the common saying:

You can indict a ham sandwich!"

Most prosecutions, e.g., a DWI, however, are commenced via a formal "Complaint," which is essentially a document that alleges under oath, usually by a police officer or a prosecutor, that the facts contained therein constitute probable cause that a Defendant has committed a crime and should stand trial. Again, this is a relatively easy initial burden to meet and, of course, only one side of the story. That is, the government can allege whatever it wants, but:

that does not mean that a Defendant is automatically guilty--far from it!

Prosecution for the least serious crimes, such as some traffic offenses, are often commenced via a "Ticket" or a "Citation," which is essentially a piece of paper that contains the "bare bone" allegations of a violation of law, e.g., "Defendant was observed driving recklessly." Again, anything can be alleged, but:

proving guilt beyond a reasonable doubt is a whole different ballgame!

Criminal Court Appearances

Although each case is different, especially depending on the specific criminal charge and whether the prosecution is in Minnesota state court or federal court, the following court appearances are generally held after a Defendant has been "charged" (see above) with a crime:

First court appearance ("Rule 5" or "Arraignment").

Assuming you are not in custody, i.e., in jail, and waiting for a Bail Hearing (the purpose of which is determine for what amount of money or under what conditions your freedom (i.e., release) can be secured while your criminal court case is pending), the primary purpose of the First court appearance is to advise you of the specific charge(s) and of your various constitutional rights, e.g., right to an attorney, right to remain silent, etc. Also, depending on whether the charge is a felony or misdemeanor, you may be called on to enter a plea of not guilty or guilty.

If you retain my services as your Minnesota criminal defense attorney, the First court appearance in your case is generally a mere formality with the more substantive and meaningful criminal court appearance(s) to come.

In addition, in certain cases you do not even need to be in court with me--I will appear on your behalf. This is really an extra benefit for my clients that work, go to school or have other obligations not allowing them to be gone for an entire day.

*Note that witnesses and other types of evidence are not generally presented at the First court appearance.

Second court appearance ("Pre-Trial," "Rule 8" or "Dispositional Conference").

Although often similar to a First court appearance, this hearing usually involves more substantive discussions about the case, the raising of legal issues and the scheduling of the next court appearance.

Depending on the specifics of a particular case, discovery and other procedural issues may still be pending at this stage in the criminal court process. Therefore, additional discussions, negotiations and behind-the-scenes work may be necessary.

*Note that witnesses and other types of evidence are not generally presented at this stage.

Third and Subsequent court appearances ("OH," "Omnibus Hearing," or "Pre-Trial").

Again, the specific case and criminal charge(s) will generally determine the type of the Third and subsequent court hearings. A common hearing held at this stage is an OH ("Omnibus Hearing") or evidentiary hearing, where testimony may be taken, arguments heard and rulings made concerning issues in the case.

Of course, if the criminal case is not resolved at one of the foregoing hearings, a Trial date may be scheduled.

*Note that witnesses and other types of evidence may be presented at this stage.

Trial ("Jury Trial Date," "Bench Trial Date," or "Court Trial Date").

Although the Trial stage of the criminal court process is probably the most well-known, it is the least used. That is, by far most cases are settled, whether by a plea of guilty or having the case thrown out, before an actual Trial ever takes place. If Trial is necessary, the prosecution, among other obligations, has the burden of proving the Defendant guilty beyond a reasonable doubt.

Regardless of the odds of an actual Trial, as a competent, experienced and zealous criminal defense attorney, I will prepare and handle your case from the very start as if Trial was an absolute guarantee.

If your case is a part of the small percentage of criminal cases that actually goes to Trial, you better hope and pray that you have a competent, experienced and zealous Minnesota criminal defense attorney fighting for you and protecting your rights.

*Note that if actual Trial is necessary, witnesses and other types of evidence will be presented at this stage.

Experienced Minnesota Criminal Defense Attorney | MN DWI Lawyer

Regardless of the severity of the criminal charges you are facing, or what appearance/stage of the criminal court process your case is at, one thing is certain:

You will need to have a competent, experienced and zealous Minnesota criminal defense attorney representing your interests and protecting your rights.

MN DWI Lawyer | Minnesota Criminal Defense Attorneys

Call Me, Matthew L. Thornton, Esq.: (651) 699-2007