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

A Felony is a crime considered more serious than a misdemeanor or gross misdemeanor that is punishable by imprisonment for more than a year.

The Ramsey County Attorney’s Office prosecutes all felonies that happen in Ramsey County.

When the domestic abuse related case is a felony level crime, the case will be investigated by the appropriate police department. In St. Paul, the Family and Sexual Violence Unit of the St. Paul Police Department will conduct the investigation. The Unit will follow up on the initial response of the patrol officers who came to the scene. Once the investigation is complete, the case will be presented to the Ramsey County Attorney’s office for charging.

When an arrest takes place, the Ramsey County Attorney’s Office charging attorneys review the information compiled by the police department and decide whether to charge the case, decline to charge the case or release the defendant pending further investigation.

If a Felony 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 county attorney declines to charge the case and the suspect is in custody, the suspect is released. The police investigator can bring the case to the city attorney for charging review as a misdemeanor or gross misdemeanor.

If a Felony 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 county attorney decides to charge the case, a formal complaint is drafted and filed with the district court. A district court judge reviews the case to decide if there is probable cause to support the charge. Probable cause is a legal term that basically means that the alleged facts would lead a reasonable person to believe that the accused committed the charged crime. If there is not probable cause, the complaint will not be signed and if the suspect is in custody, the suspect will be released. In the majority of the cases there is “probable cause” to support the charge.

In general the sequence of court hearings after a felony level arrest is as follows:

- if suspect is in custody after arrest; within 36 – 48 hours, first appearance occurs;

- approximately four weeks later, omnibus hearing occurs;

- approximately four weeks after omnibus hearing, pre-trial occurs;

- approximately four weeks after pre-trial, jury trial occurs;

- approximately six weeks after the jury trial, sentencing occurs.

All of these court dates can change depending on the circumstances of the case. At any time during this process, the defendant can plead guilty. At any point in the process, if the defendant is in custody, the defendant can be released on bail or conditions of release.

Defendant’s First Appearance in Court

If the suspect is in custody, a first appearance takes place within 36 – 48 hours of arrest. If the suspect is not in custody, for example the suspect was gone when the police arrived, scheduling the first appearance will depend on the court calendar. At the first appearance, a judge will decide if the defendant is eligible for a public defender. The defendant may plead guilty but generally defendants do not enter a plea until the Omnibus hearing.

If the defendant pleads guilty a pre-sentence investigation (PSI) is ordered. Ramsey County Community Corrections (probation) conducts and writes the PSI. The probation officer, or PSI writer, will contact you to get input on the history of violence, your safety concerns and conditions of probation you would like to see as part of the sentence. You also can contact the victim/witness advocate 651-266-3222 from the Ramsey County Attorney’s Office to give information about your safety and your views on sentencing and probation conditions. The information you share with the County Attorney’s Office victim/witness advocate will be told to the prosecutor.

The information shared with the Ramsey County Attorney’s Office Victim/Witness unit is not confidential. The Ramsey County Attorney’s Office has a legal obligation to pass on certain information it receives to the defense attorney and therefore the defendant.

In addition to the pre-sentence investigation (PSI) report, the court looks at the Minnesota Sentencing Guidelines which give a presumed sentence that a defendant should receive based upon the seriousness of the crime and the defendant's criminal record. The sentence given by the judge can differ from what the guidelines say based on various factors.

When a sentence includes probation, a judge may order the defendant to do county jail time, pay fines, complete treatment, pay restitution, do community service, or other requirements as conditions of probation.

If the defendant does not plead guilty at the first appearance, the judge decides whether the defendant should be released with conditions and/or be required to post bail until the trial. Bail is a deposit of money held by the court that can be forfeited if the defendant fails to appear in court, breaks the law or violates the conditions of release.

The judge will consider the recommendations from Project Remand, and listen to arguments from the prosecutor and the defense. Project Remand is the agency in Ramsey County that evaluates defendants for pre-trial release. If the court decides that the defendant is unlikely to appear at future court dates or is a threat to you or public safety, bail or special conditions of release, such as an order to have no contact with you or witnesses, may be imposed.

You also will be asked if you would like to participate in a pilot program of the Ramsey County Attorney’s Office that uses GPS technology to monitor when the defendant gets too close to you.

You can notify the County Attorney’s Office victim/witness advocate about any concerns you have regarding a defendant's release. Once conditions of release have been ordered, you can notify the victim/witness advocate and law enforcement if you know the defendant has violated release conditions.

Information shared with the Ramsey County Attorney’s Office Victim/Witness unit is not confidential. The Ramsey County Attorney’s Office has a legal obligation to convey certain information it receives to the defense attorney and therefore the defendant.

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

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 consent that it be shared.

Omnibus Hearing

Approximately four weeks after the first appearance, an omnibus hearing is held. At this hearing the judge determines whether there is sufficient evidence to take the case to trial. The defendant is given the opportunity to plead guilty or not guilty. This also is an opportunity for plea negotiations to take place. A plea negotiation is an agreement to settle a criminal case by a plea of guilty to the crime charged or some other agreed upon charge. If the case is settled a trial is not needed. Most cases are resolved by a plea negotiation.

Pre-trial and Trial

If the case is not resolved at the omnibus hearing it will be scheduled for a pre-trial and trial. The pre-trial is scheduled approximately four weeks after the omnibus hearing. The trial will be scheduled approximately four weeks after the pre-trial. At any point in the process, the defendant can demand a speedy trial. If the defendant demands a speedy trial, the trial must take place within sixty days of the demand

Once the pre-trial and trial dates are scheduled you will be contacted by the County Attorney’s Office victim/witness advocate to set up a time to meet with the prosecutor. The meeting is to prepare you if the case goes to trial and your testimony is needed. If there is a trial you will receive a subpoena telling you where and when to appear. The trial may be before a jury of twelve people plus up to two alternates. The trial also may be before only a judge depending on what the defendant requests. The defendant has a right not to testify. You will not be able to watch the trial because you are considered a witness.

The prosecutor must prove the defendant guilty beyond a reasonable doubt.

Sentencing

If the defendant is found guilty, the sentencing will be held approximately six weeks after the guilty verdict. Before sentencing, the judge will order a pre-sentence investigation, called a PSI. The sentencing judge will look to the Minnesota Sentencing Guidelines, which give a presumed sentence that a defendant should receive based upon the seriousness of the crime and the defendant's criminal record. The judge also will have the recommendations of probation from the PSI and arguments of the prosecutor and defense attorney.

When a probationary sentence is called for by the Guidelines, a judge may impose county jail time, fines, treatment, restitution, community service, or other requirements as conditions of probation. If you would like the prosecutor to know what your thoughts are about sentencing, you should contact the County Attorney’s Office victim/witness advocate. You also will be contacted by the probation officer who is writing the PSI to get your input.

You also have the right to be at sentencing and give a Victim Impact Statement either in writing or orally. This statement is read to the court. It will be heard by the defense attorney and the defendant. If you don’t want to read the statement yourself, the prosecutor, the advocate or a friend can read it to the court for you.

The sentencing judge, as a condition of the defendant's probation or prison term, can order restitution (payment of damages). Your request for restitution must be in writing. It must list the items for which you are requesting restitution, the dollar amount requested, and the reasons for your request. The Ramsey County Attorney's Office can help you to prepare your restitution request. Your request must be signed and submitted to the probation officer or the Clerk of Court at the courthouse where the sentencing will be held. If you need additional information, please contact the Ramsey County Attorney’s Office Victim/Witness Services Division.

You also may be eligible for compensation for some of your economic loss from the Minnesota Crime Victims Reparation Board. Economic loss may include medical related expenses, psychological related expenses, loss of income, childcare services, loss of support, and burial expenses.

If you change your address or phone number, you may want to contact the victim/witness advocate at the Ramsey County Attorney’s Office so that they are able to keep in contact with you about the status of the case.

Sometimes, the defendant or others on the defendant’s behalf will try to influence you and your testimony through threats or coercion. Trying to influence you may be a crime. Any concerns you have about threats should be reported as soon as possible to your local law enforcement agency and the Ramsey County Attorney’s Office.

Ramsey County Attorney’s Office Victim/Witness Services

The Ramsey County Attorney’s Office Victim/Witness unit will assign a victim/witness advocate to the case at the time of the first appearance. The victim/witness advocate will contact you at that time. The victim/witness advocate will keep you informed about the case and help you as the case moves through the criminal process. The victim/witness advocate is your primary contact with the Ramsey County Attorney’s Office. The victim/witness advocate is the way for you to make your concerns known to the prosecutor about your safety, what conditions of release you would like to see and how you would like to see the case resolved.

Services to you from the victim/witness division can include counseling referrals, interpretive services, information regarding hearing dates and schedule changes, transportation, help to get time off from work to testify, arrange a safe waiting area in the courthouse, help to apply for reimbursement of expenses incurred during the course of the trial, help to get restitution and the return of property, and if you have suffered a personal injury as a result of a crime, information about eligibility to receive money from the Crime Victims Reparations Board.

Joint Special Victims Unit

If the case is a St. Paul 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 Ramsey County Attorney’s Office, the St. Paul City Attorney’s Office, the St. Paul Police Department and Ramsey County Community Corrections. The Joint SVU prosecutes high risk potentially lethal cases to protect the most vulnerable victims.

If your case is being prosecuted by the Joint Special Victims Unit, you will be contacted by a victim/witness advocate from the unit who will keep you informed about the case as it moves through the criminal process and get input from you about how you would like to see the case resolved. Keep in mind that information shared with the Ramsey County Attorney’s Office Victim/Witness advocate is not confidential. The Ramsey County Attorney’s Office has a legal obligation to convey certain information it receives to the defense.

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, or anyone, unless you consent that it be shared.

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