The Saint Paul and Ramsey County Domestic Abuse Intervention Project

SAFETY ALERT: Your abuser can monitor your use of your computer and the Internet. If you are in danger, please use a safer computer, call 911, the St. Paul & Ramsey County Intervention Project at 651-645-2824, or the Minnesota Domestic Violence Crisis Line at 1-866-223-1111 if you are in Minnesota. If you live outside of Minnesota call the National Domestic Violence Hotline: 1-800-799-SAFE (7233).

To better understand the steps of working with the criminal justice system in matters of domestic abuse, click on The St Paul Blueprint for Safety.

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How does a misdemeanor or gross misdemeanor domestic violence case move through the criminal justice system?

Misdemeanor or Gross Misdemeanor Crimes

A misdemeanor is a crime that is punishable by not more than 90 days in the local jail, a fine of up to $1,000 or some combination of both.

A gross misdemeanor is a crime that is not a misdemeanor or a felony. It is punishable by up to one year in the local jail and up to a $3,000 fine.

The local jail where defendants are sent after sentencing for a misdemeanor or gross misdemeanor crime is the Ramsey County Correctional Facility, commonly called the Workhouse. The Workhouse is located at 297 Century Avenue, Maplewood, MN 55119.

In St Paul the prosecutor, who prosecutes misdemeanors and gross misdemeanors is the St. Paul City Attorney. Other cities have different prosecutors and may have different procedures.

If the suspect is arrested at the scene for a misdemeanor or gross misdemeanor level offense, the prosecutor will evaluate the case to see if there is enough evidence to go forward with the prosecution based on the police report, evidence gathered by the police and any other relevant information the prosecutor has at the time.

If the suspect is gone when the police arrive, called GOA, the prosecutor will evaluate whether to file charges. The prosecutor reads the police report(s), criminal history and history of prior abuse. For GOA cases, if the prosecutor decides to proceed with charges, a warrant will be issued for the suspect’s arrest. In some cases, the police or sheriff’s office go out and look for the suspect to make the arrest.

Other times the suspect is arrested because he/she was committing another crime and the police saw in their data base that there was an outstanding warrant. Sometimes, suspects turn themselves in when they learn of the warrant.

If the suspect is in custody, a decision to charge or release must occur within 36 hours of arrest unless an extension is granted by a judge.


If Suspect is not Charged

In the state of Minnesota, the victim does not decide whether a suspect is charged or not charged. The state, as represented by the prosecutor, makes the decision. If the prosecutor decides not to charge the case, the suspect is released from jail. If the charge is a misdemeanor, the suspect will be released when they appear in court. If the charge is a gross misdemeanor and the prosecutor decides not to proceed with charges, the police investigator will be contacted and the police investigator will arrange for the suspect to be released from jail without the suspect appearing before the judge.


If Suspect is Charged

It is not up to the victim of domestic violence to agree to press charges against the suspect or once the suspect is charged, to drop charges. It is up to the prosecutor. If the prosecutor decides that the suspect should be charged, the prosecutor will appear in court at what is called an arraignment where the suspect will be formally informed of the charge. Conditions of release will be set. The prosecutor receives an evaluation from the pre-trial evaluation agency, Project Remand, that lists criminal history, recommends bail, conditional release or release on the defendant’s own recognizance (promise to appear). Project Remand will attempt to contact you to explain the arraignment process and to let you know when the defendant will be arraigned.

At arraignment court, if the charge is a misdemeanor, the defendant generally will enter a plea, (plead guilty or not guilty). Bail and conditions of release, including a domestic abuse no contact order, can be set. If the charge is a gross misdemeanor, the defendant can enter a guilty plea. Otherwise, a new court date is set for an omnibus hearing and the defendant will enter a plea at that hearing. Bail and conditions of release, including a domestic abuse no contact order, can be set at this first court appearance.

If the defendant qualifies, a public defender will be appointed to represent the defendant. If the defendant does not qualify for a public defender, there will be an attorney available from Criminal Defense Services, an organization that offers lower cost legal representation.

If the defense attorney calls you, you are not required to speak with them. You should consider letting the prosecution know of the calls. If the defendant’s family or friends call, you are not required to speak with them. If contact with the defendant’s family of friends is threatening, harassing or abusive, consider reporting that information to the prosecutor and police. You may also call a confidential advocate from St. Paul and Ramsey County Domestic Abuse Intervention Project, 651-645-2824 for assistance.

The St. Paul City Attorney’s Office will try to contact you before the defendant’s first court appearance or arraignment to get your views on your safety and conditions of release, including your views about a domestic abuse no contact order. Information you give to the St. Paul City Attorney’s Office is not confidential and may be told to the prosecutor, the court, defendant’s attorney and defendant.

If you don’t speak English, staff at the St. Paul City Attorney’s Office can use an interpreter or access the language line to help you communicate with them.

If you have had contact with a confidential advocate from the St. Paul and Ramsey County Domestic Abuse Intervention Project, information you share will not be told to the prosecutor unless you consent to have that information shared.

If a domestic abuse no contact order is issued, a legal assistant in the city attorney’s office will notify you by phone or mail that a domestic abuse no contact order has been issued.


If the Defendant Pleads Guilty

If the defendant pleads guilty the case is resolved in arraignment court. Before the defendant is sentenced, a pre-sentence investigation, PSI, is done. Ramsey County Community Corrections, called probation, is the agency that does the PSI. Probation will try to contact you for your input on what you’d like to see happen at sentencing; for example, probation conditions that include the defendant being required to complete counseling or treatment and a domestic abuse no contact order. After sentencing, the domestic abuse no contact order is a probationary order that is in effect for the duration of probation or until the probation officer recommends that it be changed.

Sentencing will be scheduled approximately six weeks after the defendant enters a guilty plea.

Generally, the defendant is released on the condition that he have no contact with you until the sentencing. If the case is particularly high risk, the prosecutor may ask for the defendant to be held in jail until the sentencing. If the prosecutor asks for the defendant to be held in jail, the judge will decide whether to hold or release the defendant from jail.


If the Defendant Pleads Not Guilty

If the defendant pleads not guilty, the case is scheduled for a pre-trial or omnibus hearing. The defendant is released from jail generally with conditions or a bail amount. In most cases, a domestic abuse no contact order will be issued. At this stage, the domestic abuse no contact order is a pre-trial order that is generally in place until the case is resolved. A legal assistant in the St Paul City Attorney’s Office notifies you by phone or mail that a domestic abuse no contact order has been issued.

The City Attorney’s Office may contact you by phone or mail for an interview. The interview may take place before or after the pre-trial or omnibus hearing. The prosecutor handling the case and a legal assistant will interview you. The interview may be by phone.

Prior to the pre-trial or omnibus hearing the prosecutor will gather information. Information can include the defendant’s criminal history, photographs of injuries and the scene, tapes of the 911 emergency call and any additional interviews with you and/or witnesses.


Pre-trial or Omnibus Hearing

At the pre-trial or omnibus hearing the prosecutor and defense attorney try to settle the case. This attempt at settling the case is called a plea negotiation. You are not required to appear at the pre-trial or omnibus hearing. If you have ideas about how you want the case resolved, you must make sure that your views have been communicated to the prosecutor. You can call the St. Paul City Attorney’s Office and find out who is handling the case or work through your confidential advocate at St. Paul and Ramsey County Domestic Abuse Intervention Project to make sure your views are known to the prosecutor.

If the case is resolved at the pre-trial or omnibus hearing, a pre-sentence investigation, PSI, is done and the case is set for sentencing six weeks later.

If the case is not resolved at the pre-trial or omnibus hearing the case will be scheduled for a jury trial.

The defendant stays out of jail on bail or on the conditions imposed previously until the trial takes place.


Jury Trial

You may be served a subpoena for you to appear and testify for the prosecution at the defendant’s jury trial. A constitutional right the defendant has is to face the person the defendant is accused of hurting.

It is important to contact the St. Paul City Attorney’s Office after receiving the subpoena because sometimes the jury trial does not actually happen at the date or time listed on the subpoena.

Sometimes a plea has been agreed upon or the trial has been rescheduled. During the jury trial, you will not be allowed to sit in the courtroom and watch the trial because you are considered a witness to the crime.

If the defendant is found guilty, a pre-sentence investigation, PSI, will be ordered. You can attend the sentencing and you have a right to make a victim impact statement to the court.

Support and assistance is available from a confidential advocate at the St. Paul and Ramsey County Domestic Abuse Intervention Project when you testify and to help with input for the sentencing.


Joint Special Victims Unit

If the case is a St. Paul misdemeanor or gross misdemeanor case and meets certain high risk/lethality criteria it will be directed for prosecution to the Joint Special Victims Unit. This unit is a partnership between the St. Paul City Attorney’s Office and the Ramsey County Attorney’s Office. The Joint SVU prosecutes high risk, potentially lethal cases to protect the most vulnerable victims, hold the most aggressive offenders accountable for their crimes and prevent intimate partner homicide.

The unit is staffed by four attorneys, two from the St. Paul City Attorney’s Office and two from the Ramsey County Attorney’s Office. All of the attorneys are experienced prosecutors and have experience with domestic violence cases.

If the case is being prosecuted by the Joint Special Victims Unit you will be contacted by a victim/witness advocate or legal assistant from the unit. The unit victim/witness advocate or legal assistant will keep you informed about the case as it moves through the criminal process. The unit victim/witness advocate or legal assistant will get input from you about how you would like to see the case resolved. Information you give the victim/witness advocate or legal assistant is not confidential. It will be passed on to the prosecutor and may be passed on to the defense attorney.

At any point in the process you can contact the St. Paul and Ramsey County Domestic Abuse Intervention Project, 651-645-2824, to speak with a confidential advocate. If you have had contact with an advocate from the St. Paul and Ramsey County Domestic Abuse Intervention Project information you share with the advocate will not be told to the prosecutor unless you gave permission that it be shared.


NEXT: How does a felony domestic violence case move through the criminal justice system?



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