Minneapolis Criminal Defense Attorney

Contact Details
Birrell Criminal Defense
333 South Seventh Street
Minneapolis, MN 55402
(612) 238-1939
ian@birrell.law
https://www.birrellcriminaldefense.com
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Minneapolis Criminal Defense Attorney

Criminal Defence Lawyer
Many of the folks who come in for consultations
are scared and completely unfamiliar with the
criminal process in Minnesota.
They are worried about how quickly things will
occur, whether they will go to jail (and if so how
soon), how much talking they will have to do in
court and whether they need an attorney to
defend their rights.
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We represent individuals who have been accused or charged with white collar
crimes. Don't hesitate, contact our battle tested team TODAY!

Criminal Law Attorney
Understanding the procedure in a criminal
defense case can help ease worries and also
help your attorney defend your rights under
Minnesota Law.
The procedure differs somewhat depending on
the offense and how serious it is. It is important to
understand that the language describing various
hearings can differ considerably from county to
county in MN.

Criminal Attorney
The First Hearing
Misdemeanor Case in MN : Arraignment
What to Expect at an Arraignment:
First, the judge wants to make sure that the
defendant, the person charged with a crime,
understands what his or her rights are.

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Typically, when you check into court, you will fill
out a rights form. The rights form lays out the
constitutional rights that you have when you are
charged with a misdemeanor.

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Second, an entry of a plea. The defendant can
either enter a GUILTY or a NOT GUILTY plea. If
you enter a guilty plea, typically the judge will
want to know what you did that makes you guilty
of the offense.
Typically, if you plead guilty, the judge will
sentence you the same day. If you plead not
guilty, the judge will generally set conditions of
release.

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Conditions of release can include things like
abstention from drugs or alcohol, remaining law
abiding, having no contact with the alleged victim,
and will always include a requirement that you
come back to court. The case will be set for a
PRETRIAL OR SETTLEMENT CONFERENCE.
This is a hearing designed to reach some sort of
plea agreement. If you aren’t able to resolve the
case at a pretrial or settlement conference, the
case is set for a TRIAL.

Criminal Defense
Felony or Gross Misdemeanor Case in MN : First
Appearance
What to Expect at a First Appearance:
The judge will make sure that you understand
your constitutional rights. You will fill out a rights
form that is similar to misdemeanor cases, but
slightly different.

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The court will also address conditions of release,
which may or may not include:
financial obligations such as bail/bond
abstaining from drugs or alcohol
random testing
a no contact order
remaining law abiding
travel restrictions
required to return to court.

Criminal Defence Attorney
Frequently, the first appearance is combined with
a RULE 8 HEARING, which is procedural more
than anything.

Lawyer Criminal
At a Rule 8 hearing, the prosecutor will turn over
a copy of their discovery, or physical file.
Typically this will include the complaint, police
reports, witness statement transcripts, etc. Digital
evidence such as videos, audio recordings, and
photographs are generally turned over at a later
date. If the prosecutor isn’t prepared to proceed
to Rule 8 on the date of the first appearance, this
process is usually handled administratively by
mail.

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The hearing after a Rule 8 hearing is generally
referred to as an OMNIBUS HEARING. An
Omnibus Hearing is a chance for your attorney to
address pretrial legal issues such as whether
there is probable cause to support the charges or
whether your constitutional rights have been
violated.

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Constitutional violations can include issues such
as the failure to read the Miranda warning before
custodial interrogation; the lack of reasonable
articulable suspicion to support a traffic stop; or
the search of a location, such as a home or a
vehicle, without a warrant or some exception to
the warrant requirement.

Criminal Law Lawyer
If such an issue exists in your case, your attorney
will file a Motion to Dismiss or Motion to
Suppress.
This will typically be addressed at a MOTION
HEARING OR CONTESTED OMNIBUS
HEARING. Such a hearing might include
testimony from witnesses or legal arguments
from the attorneys. The court will generally take
any issues under advisement and issue a written
ruling at a later date.

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Pretrial | Settlement Conference
The next hearing is generally referred to as a
PRETRIAL or a SETTLEMENT CONFERENCE.
The pretrial or settlement conference in a felony
or a gross misdemeanor context is the same as a
in the misdemeanor context. It is essentially a
hearing to come to some sort of agreement to
resolve the case via a plea agreement. If the
matter cannot be resolved, it is set for a TRIAL.

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There are two types of trial: a JURY TRIAL and a
COURT TRIAL.

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In a jury trial, the jury makes the decision about
whether the government can prove you guilty
BEYOND A REASONABLE DOUBT. The jury is
required to give you the PRESUMPTION OF
INNOCENCE and the presumption remains until
all the jurors agree that you are guilty.
In a misdemeanor or a gross misdemeanor case
there are six jurors and in a felony case there are
twelve jurors. The defendant can also waive his
right to a jury and have a court trial. In a court
trial, the judge listens to the evidence and
decides if the government has met its burden of
proof.

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The big difference between a court trial and a jury
trial is that in a court trial, there is only one
person listening to the evidence as opposed to
six or twelve.

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Sentencing
The last stage of a criminal case is generally
SENTENCING. Sentencing can be a relatively
minor process in a misdemeanor or gross
misdemeanor or a more complicated process in a
felony. In most misdemeanor or even some gross
misdemeanors, sentencing will generally take
place right after a guilty plea or sometimes even
a jury verdict. In a felony, the court will generally
order a Pre-Sentence Investigation (PSI).

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The PSI is prepared by probation and provided to
the Court and the attorneys after a meeting with
the defendant. The PSI will summarize the
defendant’s criminal history, work history,
educational history as well as any challenges
faced by the defendant such as mental health
issues or chemical dependency issues.

Attorney Criminal
The PSI will also make recommendations to the
Court about what sentence the Court should
impose. These recommendations are not
mandatory and the Court ultimately has
discretion to sentence as it sees fit within certain
limits.
Generally speaking, you will not face any jail time
until you have been sentenced unless you have
violated your conditions of release or if you
cannot afford bail/bond. At times, sentencing
hearings can involve significant arguments about
the length of a prison sentence or whether the
defendant should be placed on probation in lieu
of being sentenced to prison time.

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The length of the process is hard to predict. Many
misdemeanors are resolved at the first
appearance and only require one hearing. Most
felonies take months to upwards of a year or
perhaps longer. In either case, it is important to
have a voice in the courtroom.

Criminal Defense Law Firm
An Attorney Can Be Your Voice and Help You
Defend Your Rights
If you are charged with a crime or need legal
advice, call Minneapolis Criminal Defense
Attorney at (612) 238-1939 or click to email.

Contact Details
Birrell Criminal
Defense
333 South Seventh
Street
Minneapolis, MN 55402
(612) 238-1939
ian@birrell.law
https://www.birrellcrimin
aldefense.com
https://goo.gl/maps/hW
ENibqE295XeUpHA
Website:
https://www.birrellcrimin
aldefense.com
Google Site:
https://sites.google.com/
site/realmncriminaldefe
nseatty
Google Folder:
http://bit.ly/2OnKI8J
https://youtu.be/fOjfI4Lq
Eno
We represent individuals who have been accused or charged with white
collar crimes. Don't hesitate, contact our battle tested team TODAY!
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Minneapolis Criminal Defense Attorney

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Minneapolis Criminal Defense Attorney