Assault Defense Minnesota
If you are convicted of a felony, you face a sentence that can range anywhere from one year to life in prison. There may also be a fine that is specified by the laws in the state of Minnesota.
Felonies are prosecuted so aggressively because they are very serious criminal charges. Minnesota felony charges include murder, rape, assault, possession of narcotics, criminal sexual conduct, theft, and arson. Any time a felony is charged, it is the county attorney and not the city attorney that prosecutes. If the matter is particularly severe, the state Attorney General will become involved.
Minnesota Felony Court Process
Compared to a misdemeanor case, a felony case consists of more hearings. Once a person is arrested, they make an appearance at their bail hearing. Bail is set and then conditions regarding release are imposed. If the defendant is not able to post their own bail, they can secure a bond through a bondsman or simply remain in jail until their trial. While waiting on a trial, the arraignment hearing takes place. This hearing is to ensure that the defendant is aware of his or her rights and the details regarding the complaint.
The next hearing, or the omnibus hearing, provides the ability to challenge any evidence that may have been secured by the state in an illegal way. Once these issues are resolved, a pre-trial hearing is scheduled. This is the hearing in which negotiations occur between the defense and the prosecutor. This is where any plea bargains can be entered and a plea reached and placed on the record. If a plea is not reached, that is when the case makes it to trial. If a conviction occurs, there is a sentencing hearing that is scheduled in which a judge will hand down their sentence. The state will perform what is called a pre-sentence investigation in order to explore the defendant’s background and make a recommendation regarding what sentence the defendant should have.
How does a Minnesota Felony Conviction Affect One’s Life?
A felony conviction in Minnesota has dire consequences such as not being able to get a job, serve in the military, possess a firearm, vote, obtain student loans, and many other things. If you wish to have a felony conviction in Minnesota expunged, it is much more difficult to do so than with a misdemeanor. Only an experienced Minnesota defense attorney can handle expungement cases of this magnitude.
However, it is important to note that expungement can be quite difficult when it comes to a felony case. There has to be evidence that the felony record should not exist or that something went wrong during the trial that could prove the felony should not be on a person’s record. That is why it is important to have quality representation making sure that the felony can be removed.
Nevertheless, it is ideal to seek out the assistance of a Minnesota felony attorney to represent you in a way that will keep a felony off of your record. A felony can be so detrimental to your future that you will want to do all you can to prove that you are innocent.
Please contact our attorney for the most up to date information regarding the current laws. This article does not constitute an attorney-client relationship.