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Misdemeanors

A misdemeanor charge in Minnesota is punishable by up to 30 days in jail and a maximum fine of $1,000. Common Minnesota misdemeanor charges include traffic violations such as stop sign violations, underage DWI, and driving after revocation. Non-motoring misdemeanors under Minnesota law include fifth degree assault, a first DUI or DWI, a first time violation of an order for protection and low level theft charges.

Misdemeanor Court Process

A citation or complaint is issued with a court date assigned. Some citations may be paid with a fine prior to the court date. The first appearance on a misdemeanor is known as an "arraignment."  The defendant will be advised of his or her legal rights. The defendant may enter a guilty or a not guilty plea at the arraignment. If a guilty plea is entered, the Judge will pronounce a sentence. The sentence  may include a fine, jail time, and other probationary conditions. If a not guilty plea is entered in a misdemeanor, the case is set for a pre-trial conference. At a pre-trial conference, the prosecutor and the defense attorney will attempt to reach a resolution of the case. If no resolution of the case occurs at the pre-trial conference, the case is set for a jury trial. In a jury trial for a misdemeanor, both the State and the defendant may present evidence to a jury of six people chosen at the start of the trial.

Misdemeanors Sentenced as a More Serious Crime

There are a number of instances under Minnesota law in which misdemeanor behavior carries a felony penalty as a result of the offender's prior record. For example, assault in the fifth degree is a felony if the offender has two or more convictions for assaultive behavior. Similarly, theft crimes of more than $200 but less than $500 are felonies if the offender has at least one previous conviction for an offense specified in that statute.

You should contact an attorney if you have been charged with a misdemeanor in Minnesota. The earlier you involve an attorney, the sooner we can gather evidence, interview witnesses and address all of the issues that are critical to your case. Call our law firm now for a free consultation: (218) 736-5456.

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NEWS:

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.

 
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