2004 Minnesota Statutes

     487.25 Pleading, practice, procedure and forms in 
  criminal proceedings. 

    Subdivision 1.    General.  Except as otherwise provided 
 in sections 487.01 to 487.38 but subject to the provisions of 
 section 480.059, pleading, practice, procedure, and forms in 
 actions or proceedings charging violation of a criminal law or a 
 municipal ordinance, charter provision, or rule are governed by 
 the rules of Criminal Procedure. 

    Subd. 2.    Court rules.  The court may adopt rules 
 governing pleading, practice, procedure, and forms in actions or 
 proceedings charging a violation of a criminal law or a 
 municipal ordinance, charter provision, or rule.  The rules 
 shall be consistent with the Rules of Criminal Procedure, the 
 provisions of sections 487.01 to 487.38 and any other statute of 
 this state. 

    Subd. 3. Repealed, 1979 c 233 s 42 

    Subd. 4. Repealed, 1979 c 233 s 42 

    Subd. 5. Repealed, 1979 c 233 s 42 

    Subd. 6.    Jury trials; imprisonment.  In any 
 prosecution brought in a county court or a county municipal 
 court in which conviction of the defendant for the offense 
 charged could result in imprisonment, the defendant has the 
 right to a jury trial. 

    Subd. 7.    Probation.  At the time of imposing 
 sentence the judge may stay imposition or execution of sentence 
 and place the defendant on probation with the same powers, in 
 the same manner, and upon like terms and conditions and with the 
 same effect, provided by law in any criminal case in the 
 district court.  If sentence of imprisonment is imposed and 
 execution thereof ordered, the court may at any time suspend the 
 further execution thereof, and order the release of the 
 defendant upon probation under similar terms and conditions.  If 
 the defendant who has been placed on probation violates the 
 terms or conditions thereof, the stay of imposition or execution 
 of sentence may be revoked in the manner provided in section 
 609.14. 

    Subd. 8. Repealed, 1979 c 233 s 42 

    Subd. 9.    Minutes of preliminary hearings.  The court 
 administrator shall keep minutes of preliminary hearings on 
 indictable offenses and make proper return to the court before 
 which the person charged with the offense may be bound to appear.

    Subd. 10.    Prosecuting attorneys.  Except as otherwise 
 provided by law, violations of state law that are petty 
 misdemeanors or misdemeanors must be prosecuted by the attorney 
 of the statutory or home rule charter city where the violation 
 is alleged to have occurred, if the city has a population 
 greater than 600.  If a city has a population of 600 or less, it 
 may, by resolution of the city council, and with the approval of 
 the board of county commissioners, give the duty to the county 
 attorney.  In cities of the first, second, and third class, 
 gross misdemeanor violations of sections 609.52, 609.535, 
 609.595, 609.631, and 609.821 must be prosecuted by the attorney 
 of the city where the violation is alleged to have occurred.  
 The statutory or home rule charter city may enter into an 
 agreement with the county board and the county attorney to 
 provide prosecution services for any criminal offense.  All 
 other petty misdemeanors, misdemeanors, and gross misdemeanors 
 must be prosecuted by the county attorney of the county in which 
 the alleged violation occurred.  All violations of a municipal 
 ordinance, charter provision, rule, or regulation must be 
 prosecuted by the attorney for the governmental unit that 
 promulgated the municipal ordinance, charter provision, rule, or 
 regulation, regardless of its population, or by the county 
 attorney with whom it has contracted to prosecute these matters. 

    In the counties of Anoka, Carver, Dakota, Scott, and 
 Washington, violations of state law that are petty misdemeanors, 
 misdemeanors, or gross misdemeanors except as provided in 
 section 388.051, subdivision 2, must be prosecuted by the 
 attorney of the statutory or home rule charter city where the 
 violation is alleged to have occurred.  The statutory or home 
 rule charter city may enter into an agreement with the county 
 board and the county attorney to provide prosecution services 
 for any criminal offense.  All other petty misdemeanors, 
 misdemeanors, or gross misdemeanors must be prosecuted by the 
 county attorney of the county in which the alleged violation 
 occurred.  All violations of a municipal ordinance, charter 
 provision, rule, or regulation must be prosecuted by the 
 attorney for the governmental unit that promulgated the 
 municipal ordinance, charter provision, rule, or regulation or 
 by the county attorney with whom it has contracted to prosecute 
 these matters. 

    Subd. 11.    Presumption of innocence.  In an action or 
 proceeding charging a violation of an ordinance of any 
 subdivision of government and the ordinance is the same or 
 substantially the same as a state law, the defendant is presumed 
 innocent until the contrary is proved and, in case of a 
 reasonable doubt, is entitled to acquittal. 

    Subd. 12.    Assistance of attorney general.  An 
 attorney for a statutory or home rule charter city in the 
 metropolitan area, as defined in section 473.121, subdivision 2, 
 may request, and the attorney general may provide, assistance in 
 prosecuting nonfelony violations of section 609.66, subdivision 
 1; 609.666; 624.713, subdivision 2; 624.7131, subdivision 11; 
 624.7132, subdivision 15; 624.714, subdivision 1 or 10; 
 624.7162, subdivision 3; or 624.7181, subdivision 2. 

    HIST: 1971 c 951 s 25; 1973 c 679 s 24,25; 1977 c 432 s 26; 
 1979 c 233 s 5,6; 1983 c 177 s 9; 1983 c 345 s 11; 1986 c 440 s 
 1; 1Sp1986 c 3 art 1 s 82; 1987 c 329 s 2; 1987 c 346 s 11,12; 
 1988 c 527 s 1; 1993 c 90 s 1; 1994 c 615 s 22; 1994 c 636 art 3 
 s 4