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Gross MisdemeanorsA gross misdemeanor charge in Minnesota is punishable by up to one year of incarceration and a maximum fine of $3,000. Common Minnesota gross misdemeanor charges include third degree DWI or DUI, second degree DWI or DUI, repeat assaults, repeat violations of an order for protection and various driving offenses. In some cases, the city attorney will prosecute, while in others the county attorney will handle matters. These crimes involve situations that are more serious than a misdemeanor, but less serious than a felony. Gross Misdemeanor Court Process Once arrested, a defendant will make their bail appearance. Bail is set and release conditions are put in place. If a defendant cannot post cash bail, they can secure a bond through a bondsman or remain in jail pending trial. The next step involves the arraignment hearing, during which the judge will make sure that the individual who has been charged understands their rights and has reviewed the complaint. The next phase in the process is called the "omnibus" hearing and involves challenges to probable cause and evidence secured by the State in an unconstitutional way. Once the omnibus issues are taken care of, a pre-trial appearance is made. At that hearing, negotiations take place between the prosecutor and defense counsel. If a plea deal is reached, the agreement is placed on the record. If a plea cannot be reached, the matter is scheduled for trial. If convicted, the case is set for sentencing. The State performs a pre-sentence investigation to explore the background of the defendant and make a recommendation concerning the sentence. In some situations, the court will stay imposition or execution of the sentence in favor of allowing a defendant an opportunity to prove that they are an appropriate candidate for probation. |
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Terry Karkela recently attended the annual meeting of the American College of Real Estate Lawyers (ACREL) in Philadelphia, PA and was welcomed as a new member. ACREL is the premiere real esate organization for attorneys in the United States. Membership is by invitation only and limited to those attorneys who demonstrate a high level of expertise in real estate law and who have devoted substantial time and effort to improving the practice of real estate law by teaching other attorneys, writing about, and working on the adoption of legislation. Only 30 MN attorneys are members and all except 3 are from the metropolitan area.
Karkela, Hunt, Cichosz & Jensen, PLLP is pleased to announce that Matthew D. Jorud has joined our law firm and will be doing general practice work for the firm. If you need assistance, or ar looking to refer a matter, Mr. Jorud would be happy to offer free initial consultation.
Paul Hunt served as an attorney coach 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.