All persons charged with a crime in Minnesota are entitled to a trial. If the offense is punishable by incarceration (misdemeanor to Felony) then you have a right to a jury trial. If the offense is not punishable by incarceration (petty misdemeanor) you have a right to a court trial. A jury trial will be held in front of a jury of your peers, approximately 6-12 persons (depending on your charge). A court trial, on the other hand, is held in front of the Judge, without the jury.

At trial, The State must prove you are guilty beyond a reasonable doubt, which is the highest evidentiary standard. If you go to trial, you will have the right to confront your accusers – in other words, you or your attorney will have the right to cross-examine the witnesses that the prosecution calls to testify. Further, you will have the right to subpoena witnesses, and call witnesses to testify on your own behalf. As a defendant, you do not have to testify, and if you do not, the prosecution cannot comment on your failure to do so. Prior to commencement of the trial you will be able to contest the admissibility of evidence obtained against you. Evidence may be suppressed for a variety of reasons such as irrelevancy, if it was obtained in violation of your constitutional rights, or is unduly prejudicial or unreliable.