Minneapolis Criminal Attorney: Questions and Answers

What happens at an arraignment?

An arraignment is the first appearance on misdemeanor and petty misdemeanor cases in Minnesota state courts. At the arraignment, a defendant will enter a plea of guilty or not guilty. Usually, if a defendant pleads guilty at an arraignment, the court will proceed to sentencing. If the defendant pleads not guilty in a misdemeanor case, a pretrial conference is scheduled. If a defendant pleads not guilty in a petty misdemeanor case, a court trial is scheduled. Because incarceration is not a possible sentence, there is no right to a jury trial in petty misdemeanor cases.

In misdemeanor cases, a financially eligible defendant can request a public defender. Because incarceration is not a possible sentence in petty misdemeanor cases, public defenders are not appointed but defendants can hire their own lawyers in such cases.

If you are charged with a misdemeanor by a ticket, citation, or tab charge, you can request a formal complaint at your arraignment. If you are in custody, the prosecution has 48 hours from the time of your demand to file a complaint. If you are not in custody, the prosecution has 30 days from the date of your demand to file a complaint. If no complaint is filed within these timeframes, the charges against you are dismissed.

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