What Happens Once I Am Charged With a Crime?

First Appearance

Once a charge is formally entered into the Court system and a case file is opened, the case will be assigned a First Appearance where the Defendant is required to (or must) come to court the first time. At this hearing, the Defendant will be advised of their rights, and confirmed that they have received, and understood the charges against them.

First Appearance hearings can happen at a time that a person has been arrested and it is part of the bail hearing. Most First Appearance hearings are via Summons- a letter goes out to the Defendant with a copy of the charges and a Hearing Notice telling them when and where to show up for the First Appearance hearing.

Omnibus Hearing

An Omnibus Hearing is a hearing during which the Prosecutor and Defense attorney talk about what will happen with the case. The hearing is called an “Omnibus” because many different things can happen at the hearing. Sometimes, cases are resolved and a Defendant pleads guilty or makes a deal to close their case. Other times, the case is set for trial or another date for a specific motion or evidentiary hearing to contest legal issues. All felony cases have omnibus hearings as part of the Minnesota criminal legal process.

Pre-Trial Hearing

This is a hearing that is like an Omnibus hearing, and often in Misdemeanor and Gross Misdemeanor cases, there is no omnibus, it goes straight to pre-trial. Either way, a pre-trial is a hearing before the matter finally goes to trial, to talk about any remaining issues in the case or resolve it.

Contested/Evidentiary Hearings

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If a case involves evidence that the Defense believes was obtained in violation of the Defendant’s Constitutional rights, they can challenge that evidence being used against them in trial. A Defendant can challenge probable cause for the charges themselves, or challenge a stop, search, or seizure by police. Because these are Constitutional challenges, they are heard before a trial happens. In a contested evidentiary hearing, it’s the prosecutor’s burden to show that there is probable cause for the charges, or that the actions by law enforcement were Constitutional.
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They do this by presenting evidence as witness testimony: they put their cop on the stand to ask them questions. The Defense has the opportunity to cross-examine any of the prosecutor’s witnesses and present their own defense witnesses, including the defendant. After the formal hearing, the lawyers write memos to the Court in supporting of their side.
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The judge reads the memos, reviews the law and the testimony, and then issues an order either granting or denying the Defendant’s motions. What happens after that depends on the Court’s order. It could lead to a dismissal of the charges and the case being dismissed. It could also lead to the evidence being allowed in and the case proceeding to trial.