Court Process Following a Misdemeanor Arrest for a Domestic Violence Crime in Minneapolis

1. 911 Call & Patrol Officers Response. Police Officers gather information to write a report & determine if an arrest can be made Defendant is Transported to Hennepin County Jail & Police Tab charge Defendant with a crime Bail is set at $2400, but may be raised or lowered by a Judge.
   
   
2. Arraignment aka First Appearance. Victim will be contacted to assess her safety & to determine her wishes regarding the defendant’s release from jail. Defendant advised of the charges against him. Defendant may be appointed a public defender if financially eligible. Judge will determine if Defendant is to held in jail or released. Judge will determine any conditions that the Defendant must follow while the case is pending.
   
3. Pretrial aka PCPT. Victim will be contacted prior to pretrial to get information regarding the case & to determine how she would like the case resolved. Prosecutor & defense attorney will discuss resolving the case. Defendant will enter a plea of guilty or not guilty.
   
   
4. Trial. Defendant is considered innocent until proven guilty, so Prosecutor must be prepared to prove the criminal case by presenting evidence through witnesses. Victim will probably be subpoenaed to appear in court to testify at a trial.
   1. If case is dismissed or defendant is found not guilty after a trail, no further action will be taken in criminal court regarding the domestic violence call.
   2. If defendant pleads guilty or is found guilty after a trial, the defendant will be sentenced by the Judge and placed on probation.

Court Process Following a Felony Arrest for a Domestic Violence Crime in Minneapolis

1. 911 Call & Patrol Officers Response. Police Officers gather information to write a report & determine if an arrest can be made Defendant is Transported to Hennepin County Jail & Police place him on a “PC hold” Defendant will be “held without bail” until bail is set by a judge.
   
   
2. Police Investigation. Case will be sent to the Family Violence Unit of the Police Department for investigation
   Investigator will be assigned to the case and will attempt to interview victim & witnesses
   Physical evidence such as pictures of injuries, weapons, medical records will be gathered
   Defendant will be interviewed. Investigator will review case to see if it rises to the level of criminal charges
   
   
3. Review by Hennepin County Attorney’s Office. Prosecutor will determine if evidence supports felony charges, and if so, file a felony complaint. If no felony charges are filed, case could still be charged as a misdemeanor
   If no charges are filed, criminal case is done.
   
   
4. Arriaignment (also known as) First Appearance
   
   
5. Pretrial aka PCPT
   
   
6. Trial
   1. If case is dismissed or defendant is found not guilty after a trail, no further action will be taken in criminal court regarding the domestic violence call.
   2. If defendant pleads guilty or is found guilty after a trial, the defendant will be sentenced by the Judge and placed on probation.

Charging Process Following a Misdemeanor Police Report for a Domestic Violence Crime in Minneapolis

1. 911 Call & Patrol Officers Response. Police Officers gather information to write a report.
   When Defendant is not arrested immediately, if he is found within 12 hours he can still be arrested.

2. Case Review. Case is reviewed by Prosecutor at the Domestic Abuse Service Center & will be assigned for follow up investigation if appropriate.

3. Investigator Follow-up. Investigator will contact the victim to take a statement from her and gather physical evidence
   Investigator will forward completed investigation to the Prosecutor for review.

4. Charging Decision. Prosecutor will review evidence to determine if there is enough evidence to file criminal charges.
   1. If charges can be filed, a complaint will be issued & court process will start.
   2. If no charges can be filed, no further action will be taken in criminal court.

Charging Process Following a Felony Police Report for a Domestic Violence Crime in Minneapolis

1. 911 Call & Patrol Officers Response. Police Officers gather information to write a report.

2. Police Investigation. Case will be sent to the Family Violence Unit of the Police Department for investigation
   Investigator will be assigned to the case and will attempt to interview victim & witnesses.
   Physical evidence such as pictures of injuries, weapons, medical records will be gathered.
   Defendant will be interviewed. Investigator will review case to see if it rises to the level of criminal charges.

3. Review by Hennepin County Attorney’s Office. Prosecutor will determine if evidence supports felony charges, and if so, file a felony complaint. If no felony charges are filed, case could still be charged as a misdemeanor. If no charges are filed, criminal case is done.

4. Charging Decision. Prosecutor will review evidence to determine if there is enough evidence to file criminal charges.
   1. If charges can be filed, a complaint will be issued & court process will start.
   2. If no charges can be filed, no further action will be taken in criminal court.

*Information provided by: Michelle M. Jacobson, Assistant Minneapolis City Attorney