What is an Arraignment or First Appearance in Minnesota Criminal Court?
If you or a loved one have been arrested in St. Paul or anywhere in Minnesota, one of the first steps in the criminal process is something called an arraignment or a first appearance. This may happen while you are in custody or it may happen if you were originally released by the police and given a summons to appear before the court. Either way, this is a crucial stage of the Minnesota criminal process. If you are facing criminal charges, now is the time to talk to an experienced criminal defense attorney.
“An arraignment can be a critical point in a criminal case and one you should never take lightly because once you plead guilty, it is extremely difficult, if not impossible, to take it back.”
At this point, you have a couple of options regarding representation. You can defend yourself, you can apply for the public defender or you can ask to hire your own private counsel. If you haven’t hired your own attorney at this point, you can ask for a continuance to hire an experienced Minnesota Criminal Defense Attorney. This is a Constitutionally protected right for all misdemeanor, gross misdemeanor or felony cases here in Minnesota.
At the Arraignment or First Appearance, whether in custody or out of custody, the Judge is required to let you know about your Constitutional rights. This is usually done by showing you a video before the Judge takes the bench. Besides making you aware of your Constitutional rights, if you are in custody, the Judge will address conditions of release. The Judge can set bail, the Judge could set conditions of release, or the Judge could require a combination of both. Click here for more on bailing somebody out of jail.
Finally, on the record, the Judge will tell you what charges you are facing. Then, depending upon the kinds of charges you face, you may have to make a decision. If you are facing misdemeanor charges, you may be required to enter a Guilty or Not Guilty plea. This is another critical point in a criminal case and one you should never take lightly because once, you plead guilty, it is extremely difficult if not impossible to “take it back.” For gross misdemeanors and felony charges, you are not required to enter a Guilty or Not Guilty plea at this point. These charges are frequently far more complex and therefore, you decision is delayed until a future appearance.
If you or a loved are facing serious criminal charges, it is critical to have an experienced criminal defense attorney at your side for every critical stage. An arraignment is absolutely one of those stages. Jack Rice has handled thousands and thousands of arrangements in his more than 25 years as a practicing attorney, first as a prosecutor many years ago and than as a private criminal defense attorney.
St. Paul based criminal defense attorney Jack Rice is a Board Certified Criminal Law Specialist, former prosevutor, former U.S. Federal Agent and Founder of Jack Rice Defense. contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339.