Rule 15.01 – Felony Cases

by | May 13, 2021 | Criminal Procedure, Minnesota

Subdivision 1. Guilty Plea. Before the judge accepts a guilty plea, the defendant must be sworn and questioned by the judge with the assistance of counsel as to the following:1. Name, age, date and place of birth, and whether the defendant is disabled in communication...

Rule 14.03 – Timing of Pleas

by | May 13, 2021 | Criminal Procedure, Minnesota

(a) In misdemeanor cases, the defendant may enter any plea, including a guilty plea, as early as the Rule 5 hearing.(b) In gross misdemeanor cases, the defendant may plead guilty at the Rule 5 hearing if the defendant has had an opportunity to consult with counsel;...

Rule 14.02 – Who May Plead

by | May 13, 2021 | Criminal Procedure, Minnesota

Subd. 1. Felony Charges. A plea in cases involving felony charges must be made by an individual defendant in person on the record.Subd. 2. Gross Misdemeanor and Misdemeanor Charges. A plea in cases involving misdemeanor or gross misdemeanor charges may be made by an...

Rule 14.01 – Pleas Permitted

by | May 13, 2021 | Criminal Procedure, Minnesota

A defendant may plead:(a) Guilty.(b) Not guilty.(c) Not guilty by reason of mental illness or cognitive impairment.(d) Double jeopardy or prosecution barred by Minn. Stat. ยง 609.035. Either may be plead with or without the plea of not guilty.Minn. R. Crim. P....

Rule 12.08 – Record

by | May 13, 2021 | Criminal Procedure, Minnesota

Subd. 1. Record. A verbatim record of the proceedings must be made unless waived by the parties.Subd. 2. Audio and Video Evidence. If any party offers video or audio evidence, that party must not be required to provide a transcript of the evidence as a prerequisite to...