(a) The purpose of the first appearance is for the court to inform the defendant of the:
(2) defendant's rights, including the right to have counsel appointed if eligible; and
(b) The court must first determine whether a defendant is disabled in communication as defined in Rule 5.02.
(c) The court must ensure the defendant has a copy of the charging document.
(d) The court must set bail and other conditions of release under Rule 6.02.
(e) On the prosecutor's motion, the court must require that the defendant be booked, photographed, and fingerprinted.
(Amended effective July 1, 2015.)
A defendant is disabled in communication if, due to a hearing, speech or other communications disorder or difficulty in speaking or comprehending the English language, the defendant cannot fully understand the proceedings or any charges made, or is incapable of presenting or assisting in the presentation of a defense.
If a defendant is disabled in communication, the judge must appoint a qualified interpreter under Minn. Gen. R. Prac. 8 for the District Courts to assist the defendant throughout the proceedings. The proceedings that require a qualified interpreter include any proceeding attended by the defendant.
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 ten 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.
(Amended effective August 1, 2012.)
(1) Notice of Right to Counsel. If a defendant charged with a felony, gross misdemeanor, or misdemeanor punishable by incarceration appears without counsel, the court must advise the defendant of the right to counsel, and that the court will appoint the district public defender if the defendant has been determined to be financially unable to obtain counsel.
The court must also advise the defendant that the defendant has the right to request counsel at any stage of the proceedings.
(2) Appointment of the Public Defender. The court must appoint the district public defender on request of a defendant who is:
(a) charged with a felony, gross misdemeanor, or misdemeanor punishable by incarceration, or subject to an extradition proceeding or probation revocation proceeding;
(b) not represented by counsel; and
(c) financially unable to obtain counsel.
The court must not appoint a district public defender if the defendant is financially able to retain private counsel but refuses to do so.
(3) Waiver of Counsel, Misdemeanor or Gross Misdemeanor. Defendants charged with a misdemeanor or gross misdemeanor punishable by incarceration who appear without counsel, do not request counsel, and wish to represent themselves, must waive counsel in writing or on the record. The court must not accept the waiver unless the court is satisfied that it is voluntary and has been made by the defendant with full knowledge and understanding of the defendant's rights. The court may appoint the district public defender for the limited purpose of advising and consulting with the defendant about the waiver.
(4) Waiver of Counsel, Felony. The court must ensure that defendants charged with a felony who appear without counsel, do not request counsel, and wish to represent themselves, enter on the record a voluntary and intelligent written waiver of the right to counsel. If the defendant refuses to sign the written waiver form, the waiver must be made on the record. Before accepting the waiver, the court must advise the defendant of the following:
(a) nature of the charges;
(b) all offenses included within the charges;
(c) range of allowable punishments;
(d) there may be defenses;
(e) mitigating circumstances may exist; and
(f) all other facts essential to a broad understanding of the consequences of the waiver of the right to counsel, including the advantages and disadvantages of the decision to waive counsel.
The court may appoint the district public defender for the limited purpose of advising and consulting with the defendant as to the waiver.
The court may appoint advisory counsel to assist a defendant who voluntarily and intelligently waives the right to counsel.
(1) If the court appoints advisory counsel because of concerns about fairness of the process, the court must state that on the record. The court must advise the defendant and advisory counsel on the record that the defendant retains the right to decide when and how to use advisory counsel, and that decisions about the use of advisory counsel may affect a later request by the defendant to allow the advisory counsel to assume full representation.
(2) If the court appoints advisory counsel because of concerns about delays in completing the trial, the potential disruption by the defendant, or the complexity or length of the trial, the court must state that on the record.
The court must then advise the defendant and advisory counsel on the record that advisory counsel will assume full representation of the defendant if the defendant:
(a) becomes so disruptive during the proceedings that the defendant's conduct is determined to constitute a waiver of the right of self representation; or
(b) requests advisory counsel to take over representation during the proceeding.
(3) Advisory counsel must be present in the courtroom during all proceedings and must be served with all documents that would otherwise be served upon an attorney of record.
A defendant is financially unable to obtain counsel if the defendant meets the standards for eligibility defined in Minnesota Statutes, section 611.17.
The court has a duty to conduct a financial inquiry to determine the financial eligibility of a defendant for the appointment of a district public defender as required under Minnesota Statutes, section 611.17.
The ability to pay part of the cost of adequate representation at any time while the charges are pending against a defendant must not preclude the appointment of the district public defender for the defendant. If the court, after finding the defendant eligible for district public defender services, determines that the defendant now has the ability to pay part of the costs, it may require a defendant to make partial payment as provided in Minnesota Statutes, section 611.20.
(Amended effective August 1, 2012.)
If the defendant is charged with a felony or gross misdemeanor, the court must set a date for a Rule 8 appearance before the court having jurisdiction to try the charged offense no later than 14 days after the defendant's initial appearance under Rule 5, unless the defendant waives the right to a separate Rule 8 appearance.
The defendant must be informed of the time and place of the Rule 8 appearance and ordered to appear as scheduled. The time for appearance may be extended by the court for good cause.
In felony and gross misdemeanor cases, the defendant may waive the separate appearances otherwise required by this rule and Rule 8. The waiver must be made either in writing or on the record in open court. If the defendant waives a separate appearance under Rule 8, all of the functions and procedures provided for by Rules 5 and 8 must take place at the Rule 5 hearing.
In misdemeanor cases, the arraignment must be conducted in open court. The court must ask the defendant to enter a plea, or set a date for entry of the plea. A defendant may appear by counsel and a corporation must appear by counsel or by an authorized officer.
If the defendant enters a plea of guilty, the presentencing and sentencing procedures provided by these rules must be followed. The defendant may also request permission under Rule 15.10 to plead guilty to other misdemeanor offenses committed within the jurisdiction of other courts in the state.
If the defendant enters a plea of not guilty to a charge for which the defendant would be entitled to a jury trial, the defendant must exercise or waive that right. The defendant may waive the right to a jury trial either on the record or in writing. If the defendant fails to waive or demand a jury trial, a jury trial demand must be entered in the record.
If the defendant pleads not guilty and a notice of evidence and identification procedures has been given by the prosecutor as required by Rule 7.01, the defendant and prosecutor must each either waive or demand an evidentiary hearing under Rule 12.04. The demand or waiver may be made either on the record or in writing and must be made at the first court appearance after the notice has been given by the prosecutor.
The defendant may plead guilty to a gross misdemeanor charge in accordance with Rule 15.02 if the defendant has counsel, or has had the opportunity to consult with counsel before pleading guilty. If the defendant does not plead guilty, entry of a plea must await the Rule 8 or Omnibus Hearing. A corporation must appear by counsel or by an authorized officer.
The procedure in Rule 5.06, subd. 2 applies to gross misdemeanor cases.
(Amended effective August 1, 2012.)
Minutes of the proceedings must be kept unless the court directs that a verbatim record be made. Any plea of guilty to an offense punishable by incarceration must comply with the requirements of Rule 15.09.