In misdemeanor cases, peace officers who decide to proceed with prosecution and who act without a warrant must issue a citation and release the defendant unless it reasonably appears:
(1) the person must be detained to prevent bodily injury to that person or another;
(2) further criminal conduct will occur; or
(3) a substantial likelihood exists that the person will not respond to a citation.
If the officer has already arrested the person, a citation must issue and the person must be released, unless any of the circumstances in subdivision 1(a)(1)-(3) above exist. If any of the circumstances in subd. 1(a)(1)-(3) above exist, the officer may issue a citation or tab charge and detain the person until the appearance before a judge under Rule 4.02, subdivision 5(3), or until bail is posted pursuant to the district court bail process or schedule.
When an officer brings a person arrested without a warrant for a misdemeanor to a police station or county jail, the officer in charge of the police station, sheriff in charge of the jail, or officer designated by the sheriff must issue a citation and release the person unless it reasonably appears to the officer that any of the circumstances in subdivision 1(a)(1)-(3) exist. If any of the circumstances in subd. 1(a)(1)-(3) above exist, a citation or tab charge may be issued and the person may be detained until the appearance before a judge under Rule 4.02, subdivision 5(3), or until bail is posted pursuant to the district court bail process or schedule.
A citation must be issued for petty misdemeanors and misdemeanors not punishable by incarceration. If an arrest has been made, a citation must be issued in lieu of continued detention.
If the defendant is not released at the scene or place of detention, the officer in charge of the place of detention must report to the court the reasons why.
When an officer brings a person arrested without a warrant for a felony or gross misdemeanor to a police station or county jail, the officer in charge of the police station, sheriff in charge of the jail, or officer designated by the sheriff may issue a citation and release the defendant unless it reasonably appears to the officer that any of the circumstances in subdivision 1(a)(1)-(3) exist.
In felony, gross misdemeanor, and misdemeanor cases, a person arrested without a warrant must be issued a citation and released if so ordered by the prosecutor or by the district court, or by any person designated by the court to perform that function.
Any citation, including an electronic citation, filed or e-filed with the court must be in a form prescribed by this rule and approved by the State Court Administrator and the Commissioner of Public Safety, who shall, to the extent practicable, include in the citation the information required by Minnesota Statutes, sections 169.99, subdivisions 1, 1a, 1b, and 1c, and 97A.211, subdivision 1. The citation must contain the summons and complaint, and must direct the defendant to appear at a designated time and place or to contact the court or violations bureau to schedule an appearance.
The citation must state that failure to appear or contact the court or violations bureau as directed may result in the issuance of a warrant. A summons or warrant issued after failure to respond to a citation may be based on facts establishing probable cause contained in or with the citation and attached to the complaint.
The citation must contain the notice regarding fine payment and waiver of rights in Rule 23.03, subd. 3.
If the defendant is charged by electronic citation, the defendant must be issued a copy of the citation. This copy must include:
(1) the directive to appear or contact the court or violations bureau in paragraph (a); and
(2) the notices in paragraphs (b) and (c).
The issuance of a citation does not affect an officer's authority to conduct an otherwise lawful search.
Even if a citation has been issued, an officer can take the person cited to an appropriate medical or mental health facility if that person appears mentally or physically incapable of self care.
(Amended effective January 1, 2012; amended effective July 1, 2015.)
A person charged with an offense must be released without bail when ordered by the prosecutor, court, or any person designated by the court to perform that function. On appearance before the court, a person must be released on personal recognizance or an unsecured appearance bond unless a court determines that release will endanger the public safety or will not reasonably assure the defendant's appearance. When this determination is made, the court must, either in lieu of or in addition to the above methods of release, impose the first of the following conditions of release that will reasonably assure the person's appearance as ordered, or, if no single condition gives that assurance, any combination of the following conditions:
(a) Place the defendant under the supervision of a person who, or an organization that, agrees to supervise;
(b) Place restrictions on travel, association, or residence during release;
(c) Require an appearance bond, cash deposit, or other security; or
(d) Impose other conditions necessary to assure appearance as ordered.
If the court sets conditions of release, it must issue a written order containing them. A copy of the order must be provided to the defendant and to the law enforcement agency that has or had custody. The law enforcement agency must also be provided with the victim's name and location.
The court must set money bail without other conditions on which the defendant may be released by posting cash or sureties.
The defendant's release must by conditioned on appearance at all future court proceedings.
In determining conditions of release the court must consider:
(a) the nature and circumstances of the offense charged;
(b) the weight of the evidence;
(c) family ties;
(e) financial resources;
(f) character and mental condition;
(g) length of residence in the community;
(h) criminal convictions;
(i) prior history of appearing in court;
(j) prior flight to avoid prosecution;
(k) the victim's safety;
(l) any other person's safety;
(m) the community's safety.
To determine conditions of release, the court may investigate the defendant's background before or at the defendant's court appearance. The investigation may be conducted by probation services or by any other qualified agency as directed by the court. The court, or the agency at the court's direction, must forward any pre-release investigation report to the parties. The pre-release investigation report must not be disclosed to the public without a court order.
Information obtained in the pre-release investigation from the defendant in response to an inquiry during the investigation and any derivative evidence must not be used against the defendant at trial. Evidence obtained by independent investigation may be used.
The court must review conditions of release on request of any party.
(Amended effective October 1, 2016.)
On application by the prosecutor, court services, or probation officer alleging probable cause that defendant violated a release condition, the court may issue a summons or warrant, using the procedure in paragraphs (a) and (b).
(a) Summons. A summons must be issued instead of a warrant unless a warrant is authorized under paragraph (b). The summons must direct the defendant to appear in court and include a date and time for a hearing.
(b) Warrant. The court may issue a warrant instead of a summons if a substantial likelihood exists that the defendant will fail to respond to a summons, that continued release of the defendant will endanger any person, or the defendant's location is not known. The warrant must direct the defendant's arrest and prompt appearance in court.
A peace officer may arrest a released defendant if the officer has probable cause to believe a release condition has been violated and it reasonably appears continued release will endanger the safety of any person. The officer must promptly take the defendant before a judge. When possible, a warrant should be obtained before making an arrest under this rule.
The defendant is entitled to a hearing on alleged violations of release conditions. If the court finds a violation, the court may revise the conditions of release as provided in Rule 6.02, subd. 1.
When a complaint is filed or indictment returned charging a defendant with committing a crime while released pending adjudication of a prior charge, the court with jurisdiction over the prior charge may, after notice and hearing, review and revise the conditions of release as provided for in Rule 6.02, subd. 1.
Forfeiture of an appearance bond must be as provided by law.
The court must supervise a defendant's detention to eliminate all unnecessary detention. A detention facility must make at least bi-weekly reports to the prosecutor and the court listing prisoners in custody for more than ten days in felony and gross misdemeanor cases, and prisoners in custody more than two days in misdemeanor cases.
A defendant must be tried promptly after entering a not guilty plea. If a defendant or the prosecutor demands a speedy trial in writing or on the record, the trial must begin within 60 days.
The 60-day period begins to run on the day of the not guilty plea, and may be extended for good cause shown on motion of the prosecutor or the defendant, or on the court's initiative. If an in-custody defendant's trial does not begin in ten days, the defendant must be released subject to nonmonetary release conditions as set by the court under Rule 6.02, subd. 1.