What Happens at Each Stage of a Criminal Case in Minnesota?

If you're facing criminal charges in Minnesota, the court process can seem confusing. Some cases resolve in one court appearance, while others involve multiple hearings over several months. The path your case takes depends on the level of the offense: misdemeanor, gross misdemeanor, or felony.

A misdemeanor is the lowest level of offense you could be charged with, and a felony is the most serious.

Here’s a clear breakdown of what to expect at each hearing stage—so you can understand the process and prepare for what’s ahead.

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Misdemeanor Cases

Misdemeanors are the least serious criminal offenses in Minnesota, typically punishable by up to 90 days in jail and/or a fine.

1. Arraignment / First Appearance

• When: Your first court date after citation or complaint is filed.

• What Happens:

  • The judge reads the charges and explains your rights.

  • You’re asked if you want a public defender.

  • Bail or release conditions may be set.

  • You enter a plea: guilty, not guilty, or no contest.

• Outcome:

  • If you plead guilty, sentencing may happen immediately.

  • If you plead not guilty, the case is set for pretrial and trial.

🔹 Many low-level misdemeanor cases resolve at this first hearing.

2. Pretrial Hearing

• Purpose: Attempt to resolve the case before trial.

• What Happens:

  • The prosecutor and defense discuss possible plea agreements.

  • The court may rule on basic evidentiary or procedural issues.

  • If no resolution, a trial date is set.

3. Trial

• Type: You have the right to a bench trial or a jury of 6.

• What Happens:

  • Both sides present evidence and question witnesses.

  • The judge or jury decides guilt beyond a reasonable doubt.

4. Sentencing

• When: Immediately after a guilty plea or conviction.

• What Happens:

  • The judge imposes sentence—typically fines, probation, or short jail time.

  • No presentence investigation is required for standard misdemeanors.

  • Often times, a first-time misdemeanor will result in certification of a petty misdemeanor, which is not a crime under Minnesota law. If you are convicted of a petty misdemeanor, you pay a fine and that is it.

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Gross Misdemeanors and Felony Cases

Gross misdemeanors (punishable by up to 365 days in jail) and felonies (punishable by over a year in prison) follow the same procedural framework under Minnesota Rules of Criminal Procedure.

1. First Appearance (Rule 5 Hearing)

• When: Within 36–48 hours of arrest or summons.

• What Happens:

  • The court informs you of the charges and your rights.

  • A public defender may be appointed.

  • Bail and conditions of release are set.

  • You do not enter a plea yet.

2. Rule 8 Hearing

• When: Usually within 14 days of Rule 5.

• What Happens:

  • You confirm legal representation.

  • The judge ensures you understand the charges and potential penalties.

  • A guilty plea may be entered (although many wait until Omnibus).

  • The court schedules the Rule 11 Omnibus Hearing.

3. Omnibus Hearing (Rule 11)

• Purpose: Review the legality of the charges and evidence.

• What Happens:

  • The court determines whether probable cause exists.

  • Your attorney may file motions to suppress evidence, challenge search warrants, or raise constitutional claims.

  • A contested hearing may involve live witness testimony (e.g., Rasmussen hearing).

• Outcome:

  • If the court finds no probable cause, charges may be dismissed.

  • If legal issues are unresolved, trial preparations continue.

⚠️ This stage is critical in gross misdemeanor and felony cases. It's where strong legal challenges can result in dismissal or the exclusion of key evidence.

4. Pretrial / Settlement Conference

• Purpose: Final chance to resolve the case before trial.

• What Happens:

  • The parties negotiate plea offers.

  • Any outstanding legal or evidentiary issues are addressed.

  • If no plea is reached, the court confirms trial dates.

5. Trial

• Type:

  • Gross misdemeanors: 6-person jury trial (unless waived).

  • Felonies: 12-person jury trial (unless waived).

• What Happens:

  • Both sides present evidence and examine witnesses.

  • The jury must reach a unanimous verdict.

6. Sentencing

• What Happens:

  • The judge may order a Presentence Investigation (PSI) in gross misdemeanor and felony cases.

  • The court considers the Minnesota Sentencing Guidelines, arguments from counsel, and any victim impact statements.

  • The judge imposes sentence (probation, jail, prison, or stayed execution of sentence).

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What Are Enhanceable Offenses?

In Minnesota, certain crimes are “enhanceable”—meaning a future conviction for the same offense within ten years can carry harsher penalties. The more prior convictions you have for that offense, the more serious the consequences become.

Common enhanceable offenses include:

• DWI (Driving While Impaired)

• Domestic Assault

• Theft

• Violation of an Order for Protection (OFP) or Harassment Restraining Order (HRO)

• Driving After Cancellation – Inimical to Public Safety

• Firearm possession charges

Why does this matter?

• What starts as a misdemeanor can become a gross misdemeanor or felony if you have prior offenses. The higher the charge level, the harsher the penalty.

• Your criminal history follows you, and prosecutors often use past cases to increase charges or bail.

• Even a “minor” conviction today could lead to major consequences later.

⚠️ If you’ve been charged with an enhanceable offense, it’s crucial to speak with a defense attorney before pleading guilty—even if the case seems straightforward.

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Quick Reference Chart

Stage	Misdemeanor	Gross Misdemeanor	Felony
First Appearance	Arraignment + plea entered	Rule 5—no plea entered	Rule 5—no plea entered
Second Appearance	Pretrial or Trial	Rule 8—plea optional	Rule 8—plea optional
Omnibus Hearing	Rare	Required unless waived	Required unless waived
Pretrial Conference	Often combined with trial	Often scheduled before trial	Often scheduled before trial
Trial	6-person jury or judge	6-person jury or judge	12-person jury or judge
Sentencing	Often immediate	After PSI or plea hearing	After PSI or plea hearing

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Bottom line:

Minnesota’s criminal court system can be confusing—but it doesn’t have to be. Whether you’re facing a misdemeanor, gross misdemeanor, or felony charge, it’s essential to understand what each stage means and what’s at stake.

And if your charge is an enhanceable offense, the decisions you make now can affect your future far more than you realize.

📞 If you’ve been charged with a crime in Minnesota—whether it’s a misdemeanor, gross misdemeanor, or felony—contact us today for a free consultation. We’ll guide you every step of the way.