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Criminal Defense ProcessWhat am I facing now that I am charged?The four levels of offenses in Minnesota are: Petty Misdemeanor Misdemeanor Gross Misdemeanor Felony A "crime" in Minnesota is defined as an offense you can go to jail for. As such, a petty misdemeanor is not a "crime" because you cannot go to jail. The other three levels of offenses are crimes. How many times will I go to court?It depends upon the type of offense you are charged with. Petty misdemeanors involve a 2-step process, an arraignment and a court trial. You do not have the right to a jury trial. Your attorney may be able to file a waiver for you at the arraignment so that you do not have to appear. The other three levels of offenses (misdemeanors, gross misdemeanors and felonies) basically involve a 3-step process: Arraignment/First Appearance This is typically the first time you go to court. For misdemeanor offenses, your attorney may be able to file a waiver so you do not have to appear. If, however, you are charged with a gross misdemeanor or felony, you will have to appear for this first stage. Conditions of release are reviewed, you are sworn under oath to give your name and address, and future court dates are set. As a general proposition, conditions of release may include bail which is typically ordered to secure the defendant's continued appearance at further proceedings. Other conditions may be imposed at the time of your arraignment. Pretrial/Omnibus Hearing This is the settlement phase of your case. You may go to court more than once for a hearing during this stage. Issues involving discovery (receiving police reports, witness lists, etc.), motions, scheduling issues and settlement discussions are held at this point. Many cases are settled at the pretrial/omnibus hearing stage. Trial Misdemeanor and gross misdemeanor offenses allow a defendant the right to have a 6-person jury or a court trial. Felony cases require a 12-person jury or a court trial. The defendant is allowed to choose having a judge or a jury trial. Are there other factors to consider in my case in addition to the potential of going to jail and paying fines?There are many other factors that you should discuss with us that may be relevant to your case. For example, a conviction on a domestic assault case prohibits you from ever possessing a firearm - a major consequence for people that are hunters. The length and type of probation you might be on can have daily impact on your life. You may be required to go to alcohol treatment, anger management counseling, drug awareness classes, driver improvement clinics and other rehabilitative programs. We need to consider any driver's license, motor vehicle insurance and professional license consequences. How your case is handled might also affect a separate additional civil lawsuit that any alleged victim could bring against you as well.
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Svingen, Karkela, Cline, Haugrud, Hunt, Larson & Jensen, PLLP is pleased to announce the addition of Jamison W. Cichosz as a partner, effective April 1, 2009. Mr. Cichosz will practice in the areas of criminal law, family law, workers’ compensation and general litigation.
Jamison W. Cichosz graduated Magna Cum Laude from the University of St. Thomas in 1999 with degrees in both Business Administration and Spanish. He then went on to graduate from the University of North Dakota School of Law in 2002 after which he moved to the Fergus Falls area. Mr. Cichosz has been practicing in the areas of criminal law, family law and general litigation since being licensed.
Mr. Cichosz has become active in the community since moving to Fergus Falls. He is a two-time past commander at VFW Post 612 in Fergus Falls. He has taught criminal law and criminal procedure at Minnesota State Community and Technical College in Fergus Falls. He was the City Prosecutor between 2002 and 2007 and is currently a member of the Fergus Falls City Council. For enjoyment, Mr. Cichosz coaches youth football and spends time with his family.
Sheila Harms was a featured speaker for the Career Day on April 3, 2009 hosted by the Pelican Rapids Chapter of Rotary.
J.J. Cline, Allen Haugrud, and Paul Hunt served as attorney coaches in the 2009 Minnesota High School Mock Trial Competition. The Minnesota State Bar Association will recognize the more than 500 mock trial volunteers in the May/June issue of Bench & Bar.
Greg Larson has been selected for inclusion on the 2008 Minnesota Rising Stars list, featuring the top young lawyers in the state. Rising Stars is published in a special advertising section of the December 2007 issues of Minnesota Law & Politics, Twin Cities Business and Mpls/St. Paul Magazine. The list of Rising Stars also appears on the web at superlawyers.com.