Criminal

Criminal Division

The Criminal Division of the Rice County Attorney's Office is responsible for the prosecution of all felonies committed within Rice County. It is also responsible for misdemeanor and gross misdemeanor prosecution of offenses that occur outside city limits but within the County. The office is also assigned the responsibility to prosecute certain statutorily designated misdemeanor and gross misdemeanors regardless of where they occur within the County.
 
In addition to this essential prosecution function, the office:
  • Represents the State on most appeals to the Minnesota Court of Appeals, Supreme Court and federal courts taken from criminal files in our office.
  • Conducts the criminal prosecution for all felonies that occur within the state correctional facility that is located within our County. This is an interesting and challenging part of our work, but also adds a significant burden to the workload of the office.
  • Assists law enforcement agencies in preparing search warrants and administrative subpoenas if requested to do so.
  • Assists law enforcement by providing training sessions on various topics involved in law enforcement efforts.

The County Attorney's Office does not investigate crimes or accept reports of a crime. Investigations are conducted by law enforcement officers such as the police or sheriff.  They gather evidence inlcuding witness statements, drug tests, fingerprints or ballistic tests and submit the evidence to the County Attorney for review and a charging decision.  If you need to report a crime, contact the local Law Enforcement Agency where the crime occurred.  

Certain cases may be prosecuted by a City Attorney.

Prosecutors represent the State of Minnesota and cannot provide advice to individuals.

The Criminal Process

If charged with a petty misdemeanor or misdemeanor offense, an initial court appearance is at an "Arraignment Hearing".  At that time the defendant is advised of their legal rights, they have an opportunity to apply for a public defender and may enter a plea of guilty or not guilty.   A misdemeanor flow chart explains all of the steps in this process.

If charged with a gross misdemeanor or felony the initial appearance is called a "First Appearance", Initial Appearance" or "Rule 5 Hearing".  The defendant is advised of their legal rights and is also advised of the charges.  The defendant may apply for a public defender.  No plea is taken from the defendant at this appearance.  A felony or gross misdemeanor flow chart may be helpful in understanding this process.
 

Plea Negotiations

The Rice County Attorney has established Plea Negotiation Guidelines for all adult felony prosecutions.

Sentencing

If a defendant pleads guilty or is found guilty by a judge or jury, a sentence is imposed.  Petty misdemeanor and misdemeanor sentences are frequently imposed by the judge immediately after a finding of guilt.  The sentence is usually based on the seriousness of the crime and the defendants's prior history.  Felony and gross misdemeanor sentences are usually scheduled for a date after the finding of guilt.  Prior to sentencing, a Pre-Sentence Investigation is completed by Community Corrections and recommendations as to sentence are made.  Felony sentences are subject to the Minnesota Sentencing Guidelines.