by admin | May 13, 2021 | Criminal Procedure, Minnesota
Subd. 1. Initiation of Proceedings (1) Warrant or Summons. (a) Probation revocation proceedings must be initiated by a summons or warrant based on a written report, signed under penalty of perjury pursuant to Minnesota Statutes, section 358.116, showing probable cause...
by admin | May 13, 2021 | Criminal Procedure, Minnesota
Subd. 1. Hearings. Sentencing hearings must be held as provided by law: (A) Misdemeanor and Gross Misdemeanor Hearings. Before the sentencing proceeding in a misdemeanor or gross misdemeanor case: (1) Either party is permitted to contest any part of an oral...
by admin | May 13, 2021 | Criminal Procedure, Minnesota
The court may permit that an oral presentence report be given in misdemeanor and gross misdemeanor cases. If an oral report is given, the parties must be permitted to hear it.Minn. R. Crim. P. 27.02
by admin | May 13, 2021 | Criminal Procedure, Minnesota
After conviction but before sentencing, the court may continue or alter the terms of release, or the court may confine the defendant. The factors in Rule 6.02, subds. 1 and 2 apply, but the defendant bears the burden of showing the defendant will not flee and is not a...
by admin | May 13, 2021 | Criminal Procedure, Minnesota
Subd. 1. New Trial On Defendant’s Motion. (1) Grounds. The court may – on written motion of a defendant – grant a new trial on the issue of guilt or the existence of facts to support an aggravated sentence, or both, on any of the following grounds:1....
by admin | May 13, 2021 | Criminal Procedure, Minnesota
Subd. 16. Evidence. At trial, witness testimony must be taken in open court, unless these rules provide otherwise.Jurors may not submit questions to a witness directly or through the judge or attorneys.If either party offers an audio or video recording, that party...
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