Criminal cases in Minnesota follow three stages: Arraignment, Omnibus, and Trial. A skilled defense attorney navigates each phase to protect your rights. #CriminalDefense #LegalProcess

What Happens Before a Criminal Case Goes to Jury Trial?

Most broadly, criminal cases proceed in three stages: (1) the initial Arraignment stage; (2) the Omnibus stage; and (3) the Trial stage. Each stage may have one or more hearings. And, to make matters more confusing, each hearing or stage may have another name, depending on the level of the crime and the particular county where the case is being tried. However, the same three general categories apply in all criminal cases.

The first part of a criminal case is generally called an arraignment.

Other names for Arraignment stage hearings include: first appearances, bail hearings, the in-custody calendar, Rule 5 hearings, and Rule 8 hearings.

The Arraignment stage is mostly procedural. One purpose of the Arraignment stage is to ensure that you know your rights. Thus, the Court will ensure you have a copy of the charges against you. The Court will also instruct you that you have the right 1) to see the evidence against you; 2) to contest the evidence and accusations; and 3) to be represented by a lawyer.

A second purpose of the Arraignment stage is to decide what to do with you while your case is decided. This is heavily dependent on the seriousness of the accusations. If you are not already in jail, the prosecutor may seek to impose significant monetary bail or to impose protective release conditions.

If you are already in jail, you can ask the Court to release you either conditionally or after posting bail. The Minnesota Constitution generally secures all people the right to have an amount of unconditional, monetary bail, which can be paid with a bail bond. However, unconditional bail can become very high, in the 1’s, 10’s, or even 100’s of thousands, as cases become more severe. Thus, accepting conditional release may be the only affordable option.

There are many kinds of release conditions. In less severe cases, the Court may simply release you on your own recognizance, meaning you simply must a) make all future court appearances; b) stay in touch with your attorney; and c) remain law abiding. In more severe cases, you may face travel restrictions, no contact orders, drug testing, surrender of firearms, or other conditions the Court feels are necessary to protect public safety and ensure you return to court.

At the arraignment stage, an experienced defense attorney can help maximize you chances at having little or no bail and the least burdensome release conditions.

The second part of a criminal case is generally called an Omnibus hearing.

Omnibus stage hearings may also be called: pre-trial hearings; Florence hearings; Rasmussen hearings; Franks hearings; Spreigl hearings; contested hearings; evidentiary hearings; or other names, depending on the particular court and issue being argued.

Several important legal issues may be argued at the Omnibus stage. Many cases are beaten or resolved at this stage, allowing good attorneys to distinguish themselves.

Ideally, before the Omnibus stage, your defense attorney should have received and been able to review all the evidence against you. However, sometimes evidence is missing or the State withholds evidence by claiming it is confidential. Your defense attorney can, in the right case, argue that the missing evidence requires dismissal or that the confidentiality should not apply in your case. The Omnibus stage is where these types of discovery issues are won or lost.

Additionally, the Omnibus stage is where many important constitutional and evidentiary issues are fought over. Winning or losing these issues can result in dismissal of the charges or the suppression of evidence, which can dramatically impact the odds of winning at trial. Arguments may include faulty search warrants; unconstitutional vehicle stops and searches; Spreigl evidence; the extent any prior criminal history can be introduced at trial; the admissibility of expert testimony, and many other critical issues.

Lastly, outside of Court, many important things typically happen before the Omnibus stage. Usually, your defense attorney and the prosecutor will negotiate to see if any type of diversion or plea deal is possible. You and your defense attorney will also have time to gather your own evidence, conduct your own investigation, and develop a trial strategy.

The third stage of a criminal case is the trial stage.

If the case still has not been resolved, trial is the next step. There will likely be one or several, smaller hearings leading up to the trial. The judge may schedule one last pre-trial or settlement conference to see if the parties can resolve the case. The State, the Defense, or both may request a motions in limine hearing. At these hearings, the parties may argue about whether specific pieces of evidence or testimony should be allowed in the trial or whether certain topics are off limits.

Experienced and knowledgeable defense attorneys know how to navigate each distinct phase of a criminal case. They will diligently pursue means of advancing their clients’ interests at each hearing and keep their clients informed about what to expect before Court.

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If you or someone you know has a criminal case at any stage in Minnesota, don’t wait to get the legal help you need. Contact McKinney Defense today by calling (612) 300-1208 or filling out our online form to schedule a FREE consultation. Let me fight for your rights and help you take the first step toward fair representation.

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