488A.10 Pleading, practice, procedure, and forms in criminal proceedings.
Subdivision 1. General. Except as otherwise provided in this chapter 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. A majority of the judges may adopt rules governing pleading, practice, procedure and forms in actions or proceedings, charging 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 this chapter 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 Repealed, 1979 c 233 s 42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 Repealed, 1979 c 233 s 42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 Repealed, 1979 c 233 s 42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. Right to jury trial. 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. Warrants. Any judge of the court may issue warrants. The court administrator may issue warrants when the offense alleged to have been committed is a violation of a petty misdemeanor law of this state or of a municipal ordinance which is punishable, upon conviction, by a sentence to the payment of a fine only.
Subd. 8. Probation, parole, stay, suspension. (a) At the time of imposing sentence, the judge may stay execution of the sentence for a period not exceeding one year upon such terms and conditions, including probation, as the judge may deem proper or may order release on parole after part of the sentence has been served. The parole shall be for a period not exceeding one year from the date of commitment and on such terms and conditions, including probation, as the judge may deem proper.
(b) At the time of imposing sentence or at any time thereafter, the sentencing judge, or any other judge when the sentencing judge is not available, may suspend forever the execution of any sentence or the balance of any sentence which has been executed in part.
(c) When a person has been committed to the city workhouse or county jail, the sentencing judge, or any other judge when the sentencing judge is not available, may order the release of such person on parole after part of the sentence is served when satisfied that the person will thereafter keep the peace and be of good behavior. The parole shall be for a period not exceeding one year from the date of commitment and on such terms and conditions as the judge deems proper. If a request for parole is denied by the sentencing judge, or any other judge when the sentencing judge is not available, under the judge's discretionary authority, then parole of that person may be granted thereafter only by order of a majority of all the judges.
(d) If any person violates any terms or conditions of a stay, parole or probation, or commits a subsequent violation of any law, charter provision or ordinance, any judge may revoke the stay, parole or probation and cause such person to be arrested and committed for the sentence originally imposed or the balance thereof if a portion of the sentence has been previously served. The revocation may be based on such showing, oral or written, sworn or unsworn, as the judge deems sufficient, and may be made without notice or hearing.
Subd. 9. Repealed, 1979 c 233 s 42
Subd. 10. 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. 11. Prosecuting attorneys. Except as otherwise provided in this subdivision and section 388.051, subdivision 2, the attorney of the municipality in which the violation is alleged to have occurred has charge of the prosecution of all violations of the state laws, including violations which are gross misdemeanors, and municipal charter provisions, ordinances, rules and regulations triable in the municipal court and shall prepare complaints for the violations. The county attorney has charge of the prosecution of a violation triable in municipal court and shall prepare a complaint for the violation:
(a) if the county attorney is specifically designated by law as the prosecutor for the particular violation charged; or
(b) if the alleged violation is of state law and is alleged to have occurred in a municipality or other subdivision of government whose population according to the most recent federal census is less than 2,500 and whose governing body, or the town board in the case of a town, has accepted this paragraph by majority vote, and if the defendant is cited or arrested by a member of the staff of the sheriff of Hennepin County or by a member of the State Patrol.
Paragraph (b) shall not apply to a municipality or other subdivision of government whose population according to the most recent federal decennial census is 2,500 or more, regardless of whether or not it has previously accepted the paragraph.
Subd. 12. Presumption of innocence; conviction of lowest degree. In an action or proceeding charging a violation of an ordinance of any subdivision of government in the county of Hennepin, if such ordinance is the same or substantially the same as a state law, the provisions of section 611.02, shall apply.
HIST: 1955 c 215 s 10; 1963 c 877 s 34-36; 1965 c 858 s 10,11; 1967 c 734 s 2; 1967 c 772 s 2; 1967 c 846 s 1; Ex1967 c 50 s 3; 1969 c 9 s 89,90; Ex1971 c 27 s 33-35; 1977 c 432 s 32,33; 1979 c 233 s 7,8; 1981 c 37 s 2; 1983 c 177 s 15; 1983 c 345 s 12; 1986 c 444; 1Sp1986 c 3 art 1 s 82
Official Publication of the State of Minnesota
Revisor of Statutes