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Rule 5.03 – Statement of Rights

May 13, 2021 | Criminal Procedure, Minnesota

The court must advise the defendant of the following:

(a) The right to remain silent and not submit to interrogation;
(b) Anything the defendant says may be used against the defendant in this or any subsequent proceeding;
(c) The right to counsel in all proceedings, including police line-ups and interrogations;
(d) If the defendant appears without counsel and is financially unable to obtain counsel, counsel will be appointed if the defendant has been charged with an offense punishable by incarceration;
(e) The right to communicate with defense counsel, and that a continuance will be granted if necessary to permit this;
(f) The right to a jury trial or a trial to the court;
(g) If the offense is a misdemeanor, the defendant may plead guilty or not guilty, or demand a complaint before entering a plea;
(h) If the offense is a designated gross misdemeanor as defined in Rule 1.04(b) and a complaint has not yet been filed, a complaint must be issued within 10 days if the defendant is not in custody or within 48 hours if the defendant is in custody;
(i) If the offense is a gross misdemeanor and the defendant has had an opportunity to consult with an attorney, the defendant may plead guilty in accordance with Rule 15.02.

The court may advise a number of defendants at once of these rights, but each defendant must be asked individually at arraignment whether the defendant heard and understood the rights as explained earlier.

Minn. R. Crim. P. 5.03