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

(1) Charge/Complaint/Indictment:

Generally, the seriousness and type of criminal offense will determine the method by which a person (a/k/a "Defendant") is ultimately "charged" and prosecuted for a crime.   Prosecution for the most serious crimes, such as murder, is 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.   

Most prosecutions, e.g., DWI's, 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.    

Prosecution for the least serious crimes, such as some traffic offenses, are commenced via a "ticket," 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."  

(2) Court Appearances

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

First court appearance (a/k/a "Arraignment").  Assuming the Defendant is not in custody, i.e., in jail, the primary purpose of the First court appearance is to advise the Defendant of the specific charge(s) and of the Defendant's various constitutional rights, e.g., right to an attorney.   Also, depending on whether the charge is a felony or misdemeanor, the Defendant may be called on to enter a plea of not guilty or guilty.   Note that witnesses and other types of evidence are not generally presented at the First court appearance.

Second court appearance (a/k/a "Pre-Trial" or "Dispositional Conference") is scheduled.  Although often similar to a First court appearance, this hearing usually involves more substantive discussions about case issues, and the next court appearance is scheduled.  Note that witnesses and other types of evidence are not generally presented at this stage.

Third and subsequent court appearances.   Again, the specific case and 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 case is not resolved at one of these hearings, a Trial date will be scheduled.

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

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