Your First Hearing in a Minnesota Criminal Case
Understanding what happens in a first criminal court appearance or hearing in Minnesota: definitions and what to expect
In Minnesota, your first hearing will be a bail hearing, an arraignment, or a first appearance. It could also be a bail hearing combined with either an arraignment or a first appearance depending on your charges. If you are charged with a misdemeanor, it will be called an arraignment. If you are charged with a gross misdemeanor or a felony, it will be called a first appearance.
What happens at a bail hearing?
At a bail hearing the judge will decide your conditions of pre-trial release. In other words, the judge will decide what you need to do to be released from custody during the pendency of your case. The judge is allowed to set monetary bail, conditions, or a combination of the two. Whether you need to pay bail or abide by certain conditions is based on two things: (1) whether you are a flight risk, and (2) whether you are a risk to public safety. The judge will consider the seriousness of your charge or charges when deciding bail and conditions of release.
What happens at an arraignment or at a first appearance?
Essentially the same thing happens at an arraignment or a first appearance. First, if you do not already have a lawyer, the judge will ask you whether you plan on hiring a lawyer, applying for a public defender, or representing yourself. You can only have a public defender if do not make a certain amount of money. Secondly, the judge is required to make sure that you understand your constitutional rights in a criminal case, and your charges. The judge will read and explain the charges if you request it. No evidence is presented at an arraignment or a first appearance.
What are my options at an arraignment or a first appearance?
You could ask for a continuance to have time to hire a lawyer or move the case to the next stage of the proceedings. If you are unrepresented, a judge will often grant you a short continuance of the hearing to get a lawyer. However, if you show up a second time without a lawyer, the judge may not grant you another continuance. If you have a lawyer, or if you are comfortable moving the case forward without a lawyer, you will usually request a pre-trial (if a misdemeanor) or an omnibus (if a gross misdemeanor or felony) hearing. This moves your case to the second stage of the proceedings.
Should I have a lawyer at my arraignment or first appearance?
You should have a lawyer at your first hearing because your lawyer can argue your conditions of release, speak with the prosecutor, and make sure that you are correctly charged. The judge may also be less worried about releasing you on little or no bail if they know that you have invested in a private attorney to handle your case. Overall, it is important to have a lawyer at all stages of your case.