What are Some of the Basics About a Gross Misdemeanor Jury Trial in Minnesota?
A gross misdemeanor criminal charge in Minnesota has the potential to completely and utterly derail your life. There are some careers that a criminal conviction at any level is a complete game changer. This may be true whether it is a misdemeanor, gross misdemeanor or felony. If you are facing gross misdemeanor charges, the ramification including real jail could have a dramatic impact. As a result, you should sit down with an experienced Minnesota criminal defense attorney to discuss your options.
“A gross misdemeanor criminal offense could include certain DWIS, domestics, OFPs, child endangerment and more and you could go to jail for a long time, let alone the taint of a criminal conviction.”
A Gross Misdemeanor Jury Trial - the Basics
Here are a few important things you should know about gross misdemeanor jury trials in Minnesota. These include:
Defined: Misdemeanors are criminal offenses in Minnesota. While these are less serious felonies, they still come with the potential taint of making you a convicted criminal. In addition, they can put you in jail for more than the three times the amount of time of a misdemeanor. .
Misdemeanors could result in up to 365 days in jail (1 year) and up to a $3000 fine.
Jury Size: In Minnesota, a misdemeanor jury trial is typically heard by a six-person jury unless you choose to waive the jury and argue it directly to the Court.
Burden of Proof: The State has the burden of proving a defendant guilty beyond a reasonable doubt. Further, it must be unanimous.
Jury Selection or Voir dire: the first part of a jury trial includes picking a jury. It begins with the judge asking questions and then both the defense and prosecution get to ask questions. The purpose is to determine if the potential jurors can be fair and impartial in determining the case.
Opening Statements: Both the State and the Defense give an opening statements to the jury, outlining their respective cases. The purpose is to let the jury know what is coming and ideally to drive the jury a particular direction.
Witness Testimony: Both the State and Defense have the right to call witnesses and present evidence. The purpose is to support their claims and defenses. If one side puts up a witness for direct examination, the opposing side has the right to cross examine that witness.
Closing Arguments: These are conducted at the evidence of the case. The purpose is to argue standards of proof and the evidence or lack thereof that has been presented. This really is the opportunity for both attorneys to argue about what the evidence means and why they are right and the other side is wrong.
Jury Deliberation: Once both sides have completed their arguments and the Jury has received jury instructions from the Court, they will then go back and deliberate about whether the State has proven beyond a reasonable doubt that a Defendant is guilty or not guilty of a charge.
Verdict: There are several options regarding a verdict. A jury can find the defendant guilty or not guilty as to each individual count. The other option is if the jury can’t unanimously agree as to guilty or not guilty. If not, there may be a hung jury on that count and the State could request a new trial on that count.
Appeals: This is really about error. Both sides have the right to appeal a case if there was error in the case. However, most cases that go up on appear are affirmed, meaning the Court simply agrees with the trial court rulings. This isn’t always the case but it happens more often than not.
“A criminal conviction and up to a year in jail is serious. When making a decision about a lawyer, remember what is a stake.”
If you are facing gross misdemeanor charges in Minnesota like DWI, domestic assault, and more, and a jury trial is in your future, make sure that you sit down with an experienced criminal defense attorney. This is no time to gamble your future. Go with the best lawyer you can find.
Jack Rice is a former prosecutor, former CIA Officer and a Board Certified Criminal Law Specialist. Jack is also the Founder of Jack Rice Defense, a boutique criminal defense firm based on Cathedral Hill in St. Paul, Minnesota. Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339. Jack’s got your back.