2004 Minnesota Statutes

     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 Repealed, 1979 c 233 s 42 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 Repealed, 1979 c 233 s 42 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 Repealed, 1979 c 233 s 42 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