A 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.
It is important to contact an attorney if you have been charged with a gross misdemeanor in Minnesota. The earlier you involve a lawyer, the better 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