How crimes are tried in the state of Minnesota depends on what the caliber of crime is. For example, if it is a federal crime, then the accused will be charged according to federal law. While the underlying principles are similar, the nuances of charges in state and federal criminal systems are significantly different.
Furthermore, if you committed a federal crime in Minnesota, you need the help of a competent defense attorney. With that said, here are the things to expect as the case unfolds and how the federal criminal process unfolds.
Phase 1: Investigation
The first phase is where a federal law enforcement agency, including the FBI, DEA, or Homeland Security, carries out an investigation. The essence of investigating by the involved law enforcement agency is to gather evidence of the said crime.
Phase 2: Charging
At this stage, the prosecution will present the evidence they have gathered before a grand jury, which consists of about 20 impartial citizens. The grand jury reviews the evidence and decides if the accused should be charged or not. If the accused is charged, they will face indictment and be notified of the charges.
Phase 3: Arraignment
The arraignment can occur on the day or the day after the defendant was arrested. It involves bringing them before a judge for the initial hearing, where the defendant learns their charges and gets a lawyer. It is also at this stage that the judge decides whether the accused should be held in jail or granted bail.
Phase 4: Discovery
At this phase, the prosecutor and defense attorney learn the facts of the crime, speak with witnesses, and study evidence. Also, they prepare for eventualities during the course of the trial and then craft their individual trial strategy.
Phase 5: Plea Bargain
If the government’s case against the accused is strong, with a very high chance of the latter losing, they may offer a plea bargain. Accepting the plea bargain means the defendant skips trial or gets a reduced sentence, but they must plead guilty.
Phase 6: Mini-trial
The mini-trial or preliminary hearing involves the prosecution calling on witnesses and presenting evidence before the court. Defendants can decide to waive the hearing, unless they plead not guilty to the charges. The judge will decide if there is sufficient and valid evidence and if so they will move forward with trial.
Phase 7: Pre-trial Motions
The next stage is the pre-trial motion filed by the prosecutor or defense attorney. These include motion to dismiss (evidence or case), motion to suppress (statements or evidence), and motion for change of venue.
Phase 8: Trial
The trial officially begins at this stage as evidence and witnesses are presented before a fair jury. At the end of the trial, the jury determines unanimously if the defendant is guilty or not; this is the official verdict.
Phase 9: Post-trial Motions
If the jury finds the defendant guilty, the defense attorney can file post-trial motions, such as a motion for a new trial. The point of filing post-trial motions, including a motion for judgment of acquittal, is to change the outcome.
Phase 10: Sentencing and Appeal
The judge sentences the defendant, depending on the specifics of the crime, ranging from mandatory minimum sentences to the death penalty. The convicted can then file an appeal if they believe there was a significant error that affected the sentence.
Conclusion
“Being tried for a federal crime in Minnesota is a long and very demanding process. As such, if you are in this position, you need a strong and competent defense team working for you,” says attorney Omeed Berenjian of BK Law Group.
Media Information:
BK Law Group, LLC
(952) 260-3540
8700 West 36th Street, Suite 208
St. Louis Park, MN 55426
