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Criminal Prosecution Process
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In a criminal case, unlike a civil case, the victim doesn't
bring charges against the accused person, the defendant. A
crime is considered a wrong against the State, and it is the
people of the State who file charges against the defendant.
The County Attorney represents the people. Through the Attorney's
staff, they file criminal charges and prosecute criminals
on the people's behalf.
The prosecution of a crime by the County Attorney is a step-by-step
process. This process can be long, complicated, and confusing,
but if you know what the process is, you'll be able to understand
it better.
The Process Step by Step
A crime is committed in Minnesota. The offense is reported
to the police and a detective from the police department where
the offense occurred or from the Sheriff's Office or State
Patrol conducts an investigation. The officer interviews victims
and witnesses, gathers physical evidence, and obtains information
about the crime. After conducting the investigation, the officer
decides if there is enough evidence to prove a certain person
committed a crime.
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| Charging |
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The detective takes all the
information gathered during the investigation, presents
it to the County Attorney, Assistant County Attorney,
or City Attorney, and requests that a criminal complaint
be filed. The Attorney who receives the case reviews
the information, decides what charges the evidence will
support and files charges. There are occasions when
the attorney will determine the information received
does not establish that a crime has been committed,
or crucial evidence obtained could not be used at trial.
In those instances, the attorney may decline to file
charges or request further investigation from the officer.
Charges are filed against the
individual who committed the crime by the issuance of
a written complaint. The complaint contains a brief
statement of facts and sets forth the crimes the defendant
has committed based on those facts. The complaint may
charge the defendant with a single crime or a number
of different crimes, all of which arise out of the facts
recited in the complaint. The defendant is given a copy
of the complaint, and a court appearance is scheduled.
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| First Appearance |
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The defendant first appears
in Court before a Judge at a hearing called the "First
Appearance." Under the law. a person in custody
must be taken before a Judge for a first appearance
within three days of an arrest. The purpose of the first
appearance is to formally notify the defendant of the
charges filed. Make sure he/she has a lawyer and set
bail. If the defendant cannot afford an attorney. a
public defender is appointed by the Court to represent
the defendant.
The amount of bail is set after
an interview and quick investigation of the defendant
to determine the likelihood of the person coming back
to Court for further hearings. The seriousness of the
crime, and the possible danger to others from the release
of the defendant. Defendants may be released by the
Court on their "own recognizance" without
having to post bail. Other defendants may have to post
an amount of money ranging up to several hundred thousand
dollars. Defendants posting bail or those released on
their own recognizance may be required by the Judge
to abide by other conditions of release.
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| Omnibus Hearing |
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At or soon after the conclusion of
the first appearance, the defendant is given a new date
to appear in Court which is called the "Omnibus
Hearing. This hearing is the defendant's opportunity
to request that the complaint against the defendant
be dismissed and/or the evidence against the defendant
not be used at trial.
The defendant may require the Judge
to determine, on the basis of the facts presented in
the complaint and in the police reports, whether there
is enough evidence to show that a crime has been committed
and that the defendant committed it. The defendant may
also require the Judge to determine whether the State
violated any of the defendant's Constitutional Rights
during the investigation or prosecution of the defendant's
case. The defendant may allege, for example, that the
arrest was conducted improperly, that he or she was
forced to make a confession, or that the police seized
evidence without having the right to do so. At or soon
after the Omnibus Hearing, the Judge rules on these
issues.
Also or soon after the Omnibus
Hearing, the Judge reads to the defendant the exact
charges filed and the defendant enters a plea of "guilty"
or "not guilty" to those charges.
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| Guilty Pleas and
Plea Negotiations |
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At any stage of the criminal proceedings
following the first appearance, the defendant may plead
guilty. Most, but not all, pleas of guilty are the results
of a plea agreement. Plea agreements are essentially
contracts between the State and the defendant where
the defendant agrees to plead guilty under certain terms
and conditions. Since both the State and the defendant
risk losing everything should the case go to trial,
plea agreements are a means to arrive at a reasonable
and certain disposition without the necessity of a trial.
The County Attorney's Office
makes a plea agreement offer to the defendant only after
thoroughly reviewing all aspects of a case. In each
instance, the victim(s) is made aware of the offer and
is afforded the opportunity to comment on the offer.
All plea agreements are subject to the Judge's approval
and the defendant must formally waive his right to a
trial and accept the guilt before the Court will accept
the defendant's plea of guilty.
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| Pre-trial Hearing |
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At the Pretrial Hearing, the
case is formally set for trial on a specific date if
the defendant does not elect to enter into a plea agreement
and plead guilty. A list of witnesses to be called at
trial is given to the Court by both parties and often
times the parties use the hearing to narrow the issues
in dispute in order to save time at trial.
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| Trial |
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The trial is the ultimate determination
of the defendant's guilt. At the trial, each party is
put to the test of presenting its case before a Judge
or a jury. Criminal proceedings follow a certain procedure
during the course of a trial. Some of the distinct events,
which occur at trial, are as follows:
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| -Jury Selection-
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If a jury is to be used, the
trial must begin by first selecting the jury. A case
prosecuted by the County Attorney's Office will often
involve a jury of twelve persons. During jury selection,
a group of persons called for jury duty are brought
to the courtroom where they are each asked questions
by the Judge and the attorneys for each side. The
purpose of the questioning is to make certain that
the juror can be fair and impartial in the case. A
juror, who cannot be fair, for whatever reason, will
be removed from the jury.
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| -States Case-
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After the opening statement
the prosecutor presents witnesses and testimony. The
State's witnesses are questioned by the prosecutor,
and the defense attorney has the opportunity to cross-examine
or question the State's witnesses. The State's case
will generally consist of the testimony of witnesses
and the introduction of physical evidence.
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| -Defendants
Case- |
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After presentation of evidence for the State has
been completed, the defense attorney may present witnesses
and physical evidence for the defense's case. However,
since the burden to prove the defendant committed
the alleged offense "beyond a reasonable doubt"
is on the State, and the defendant is presumed to
be innocent, the defense may elect not to present
any evidence.
If defense witnesses do testify, the prosecutor is
given the opportunity to question and cross-examine
those witnesses. During the testimony of the witnesses
or the introduction of physical evidence, either attorney
may make an objection to the questions that are asked
or the offering of physical evidence. The Judge will
then decide whether the questions that are asked or
the offering of physical evidence is proper under
the rules of law.
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| -Closing
Arguments- |
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At the conclusion of the defense's case, closing
arguments will be presented. In the closing, each
attorney attempts to persuade the Judge or jury that
their side should prevail. Closing arguments are not
evidence, but are summaries by both sides of the evidence
presented during the trial from their respective viewpoints.
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| -Jury
Instructions- |
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Following the closing arguments by both parties,
the Judge will instruct the jury on the issues to
be decided and the rules of law that apply to the
case.
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| -Jury
Deliberations- |
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Jury deliberations are concluded when a unanimous
verdict has been reached. The jury returns to the
courtroom and the verdict is announced. If a jury
is unable to reach a unanimous verdict after sufficient
time to deliberate, it is considered a hung jury.
A mistrial can be declared and a new trial ordered.
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| -Jury
Verdict- |
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After being instructed by the Judge, the jury retires
to another room to deliberate and to return with a
verdict of guilty or not guilty.
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| Sentencing |
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If the defendant pleads guilty or
is found guilty following a trial, the Judge will
order a pre-sentence investigation prior to sentencing
the defendant. The pre-sentence investigation will
include the defendant's criminal history, personal
background, marital and economic status, employment
situation and education history.
The pre-sentence investigation may
also determine whether the defendant has a chemical
dependency problem or psychiatric difficulties. The
individual conducting the pre-sentence investigation
will contact the victim of the crime and find out
how they have been impacted by the defendant's actions.
The pre-sentence investigation enables the Judge to
find out more about the defendant so that he or she
is better able to impose the proper sentence.
Prior to the sentencing, the victim(s)
of the crime will be sent a form whereby the victim
may request that the Court order the defendant to
pay for any monetary loss caused by the
defendant's crime. The paying of victims for their
losses, known as "restitution," may be made
a condition of the defendant's sentence.
After the pre-sentence investigation has been completed,
the defendant comes before the Judge for sentencing.
The Judge will listen to arguments by both the prosecutor
and the defense attorney as to the proper sentence
for the defendant, and the defendant is afforded the
opportunity to speak on his or her own behalf. The
victim may also attend the sentencing, and will be
given the opportunity to relate to the Judge how the
crime has affected them and what sentence they feel
would be appropriate.
If the victim chooses not to attend
the sentencing, their input may be sent to the Judge
in the form of a letter, or the prosecutor may read
aloud a statement written by the victim. No matter
what the Judge might personally want to impose, he
or she can only impose a sentence that falls within
the boundaries of State law. Keeping those boundaries
in mind, and weighing all the facts of the case, the
Judge then sentences the defendant. Once the defendant
is sentenced, the prosecution process is finished.
If a victim of the crime did not attend the sentencing,
the sentence imposed can be learned by contacting
the County Attorney's Office.
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| Criminal Cases
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Criminal cases are those in which the defendant,
if convicted, risks imprisonment. Defendants may also
face other criminal sanctions including fines, community
service and other restrictions on personal liberty.
In a criminal case the prosecutor determines which
charges, if any, to pursue. The prosecutor does not
represent the victim but rather the State and society.
Criminal cases in traffic crashes may involve charges
for driving while impaired or intoxicated, hit and
run, criminal vehicular homicide or injury, careless
or reckless driving, driving without a license or
without insurance, test refusal, serving alcohol to
a minor, or serving alcohol to an obviously impaired
individual.
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| Civil Cases |
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Civil cases are those in which the
defendant does not risk imprisonment, but does face
financial or other penalties if found legally responsible.
Civil cases in traffic crashes may include claims
against the driver. A dram shop claim against a liquor
establishment, and/or other third parties who supplied
alcohol or other drugs to the driver or monetary damages
for loss of life, personal injury, property damage
and other expenses directly attributable to the crash.
In a civil dram shop claim (an illegal
liquor sale to the offender) you must provide notice
of your claim (suit) to the bar within 120 days after
you retain an attorney for the claim. You have two
years from the date of the illegal sale to file the
claim. In a civil suit claiming negligence, you have
six years from the date of the crash to file the claim.
Many counties provide information
and assistance to victims through victim/witness programs,
many of which are based out of the local county attorney's
office or other community offices. Inquire as to whether
your county may offer such assistance. Your Minnesotans
for Safe Driving advocates work closely with the advocates
in the court system.
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