- Facing a first time gross misdemeanor offense in Minnesota can be a stressful and confusing experience. Understanding what a gross misdemeanor is, the seriousness of the charge, and how the court process works can help you navigate this challenging situation. Here’s a guide to help you better understand what to expect and why contacting an attorney early is crucial.
What is a Gross Misdemeanor?
A gross misdemeanor in Minnesota is a criminal charge that falls between a misdemeanor and a felony. The statutory definition of a gross misdemeanor relates to its maximum punishment, which can include up to 364 days in jail, a fine of $3,000, or both. Minnesota classifies a wide variety of first time offenses as gross misdemeanors, ranging from more serious crimes to relatively minor violations.
If you’re facing a first time gross misdemeanor charge, it’s normal to feel worried. The sooner you contact an attorney, the better your chances of achieving a favorable outcome when charged with a first time gross misdemeanod in MN. Early legal intervention can make a significant difference in how your first time gross misdemeanor case is resolved.
How Serious is a First Time Gross Misdemeanor Offense in Minnesota?
The seriousness of a first time gross misdemeanor varies depending on the specific charge. For example, a third DWI within ten years is classified as a gross misdemeanor and carries a mandatory minimum sentence of 90 days in jail, with 30 days served consecutively. Some first time gross misdemeanors, like certain criminal sexual conduct charges or prostitution, are also quite serious.
However, not all first time offense gross misdemeanors are alike. A seemingly minor offense, such as a stop-arm bus violation (failing to stop for a school bus), can also be classified as a gross misdemeanor. In these cases, the consequences are often less severe, and jail time is rarely imposed for a first time offense. In fact, I have frequently been able to achieve diversionary outcomes for clients in such cases, meaning they avoid a conviction altogether.
What is the Court Process for a First Time Gross Misdemeanor Offense in Minnesota?
The court process for a first time gross misdemeanor offense can vary depending on the charge and the facts of your case. Here’s what you can generally expect:
- Charges: You may be charged by either a complaint or a citation. A citation can be issued by law enforcement without a prosecutor’s review, while a complaint involves a more formal charging process.
- First Appearance: If you were arrested, you might be held until you see a judge. This could involve setting bail or imposing conditions of release. For instance, a first time gross misdemeanor DWI with a BAC of .16 or higher requires either a maximum bail of $12,000 or release under an alcohol monitor.
- Omnibus Hearing: After your first appearance in a first time gross misdemeanor offense, the court will schedule an Omnibus Hearing. This is where your attorney can challenge the probable cause or seek to suppress evidence.
- Trial or Plea Agreement: If your case is not dismissed at the Omnibus Hearing, your first time gross misdemeanor offense will proceed to either a trial or a plea agreement. Some first time gross misdemeanor offenses may also require a pre-sentencing investigation and a separate sentencing hearing.
Can I Have a Trial for a First Time Gross Misdemeanor Offense?
Yes, you are entitled to a jury trial if charged with a first time gross misdemeanor. The jury in these cases consists of six jurors, unlike the twelve jurors in a felony trial. You also have the option to choose a court trial, where the judge decides the facts instead of a jury.
Most criminal cases, including first time offense gross misdemeanors, do not go to trial. However, your attorney will play a key role in advising you on whether a trial is the best course of action for your case.
Conclusion
Facing a first time gross misdemeanor charge in Minnesota is a serious matter, but it doesn’t have to be overwhelming. Understanding the charges and the court process is essential, but having an experienced attorney by your side is crucial. The earlier you involve an attorney, the better your chances of achieving a favorable outcome in a first time gross misdemeanor offense in MN, whether that’s a reduced charge, a plea agreement, or an outright dismissal.
If you or someone you know is dealing with a first time gross misdemeanor offense, don’t wait. Reach out to a qualified attorney as soon as possible to protect your rights and secure the best possible outcome for your case.
