Estimated reading time: 7 minutes
Key Takeaways
- Arraignment in Minnesota is the first court appearance where defendants learn the charges against them.
- Having a lawyer at the arraignment is crucial for protecting the accused’s rights and initiating their defense.
- Defendants typically do not enter a plea at the arraignment.
- Identification may occur during arraignment if not done prior, depending on the level of offense.
- After arraignment, defendants must prepare for their next court appearance and review discovery information from the prosecutor.
What is Arraignment or First Appearance?
What is an Arraignment hearing in Minnesota? A defendant must appear in court in response to a citation or mailed court Summons. And the First Appearance in court, is the Arraignment and or simply the “First Appearance.”
Many courts in Minnesota also call it a “Rule 5” Appearance. The reference is to Rule 5 of the Minnesota Rules of Criminal Procedure:
“Rule 5.01 Purpose of First Appearance
Rule 5, Minn. Rules of Crim. Pro.
(a) The purpose of the first appearance is for the court to inform the defendant of the:
(1) charge(s);
(2) defendant’s rights, including the right to have counsel appointed if eligible; and
(3) opportunity to enter a plea as permitted by Rules 5.06, 5.07, and 5.08.
(b) The court must first determine whether a defendant is disabled in communication as defined in Rule 5.02.
(c) The court must ensure the defendant has a copy of the charging document.
(d) The court must set bail and other conditions of release under Rule 6.02.
(e) On the prosecutor’s motion, the court must require that the defendant be booked, photographed, and fingerprinted.”
So under a narrow definition, “arraignment” refers to reading the charge; and entering a plea (which could happen at any point or date in the court process). But we often use the term to broadly describe the First Appearance in court on a criminal charge, as well.
“Should I have a lawyer for a First Appearance?”
Yes. The First Appearance in a Minnesota criminal case is like the kick-off that begins a football game. (Although some defendants may have had a previous Pretrial Release (Bail) Hearing, for most others the arraignment will be their First Appearance in court on the case.)
It’s the beginning of the court’s process of protecting the rights of the accused and prosecuting criminal claims. The First Appearance, or Arraignment hearing, is first chance for your lawyer to communicate with the prosecutor and judge. Retain a good defense lawyer well before this First Appearance court date, to allow for preparation. This is the beginning of winning.
“What happens at arraignment?”
At an Arraignment hearing, the accused must be informed of the prosecutor’s charge. Though literacy rates are higher today; the defendant has the right to have the judge read the written Complaint to her in open court. Most waive that right and just read it themselves.
The Minnesota Court Rules of Criminal Procedure promise a speedy trial right as well as short time-frames for pre-trial procedures. But most defendants waive these short deadlines, especially when not in custody. Most prioritize winning the case over losing quickly.
The First Appearance is normally the point at which the court learns who the defendant’s lawyer will be. The defendant may apply for a Public Defender as their defense attorney, based upon income. Or the defendant has the right to retain a private defense lawyer of their own choosing.
After formal retainer, the defense lawyer files a “Certificate of Representation” with the District Court, before or at the arraignment hearing. After filing it, the lawyer becomes the “attorney of record” on the court file.
“Can you go to jail at arraignment?”
Though theoretically possible, a judge ordering arrest and jail for an out-of-custody defendant appearing at an arraignment hearing is extremely rare. (If that were going to happen, it would have happened earlier.) But some people appearing at arraignment do so while already in custody (jail), for example because they were unable to get out on bail.
Inertia is a powerful force. But comparing the two, defendants are far more likely to be released from custody during an arraignment hearing than taken into custody. If you have any concerns about this, be sure to discuss with your lawyer.
“Do I get booked at arraignment?”
Rule 5.01 (e), quoted above, refers to the judge ordering the defendant’s being “booked, photographed, and fingerprinted.” In cases where the defendant was previously arrested and booked, the judge is unlikely to order that again.
But if not already booked by law enforcement, depending upon the level of offense of the charge, the court will generally order it in felony and some other cases.
What is “booking?” The term refers to the law enforcement practice of collecting identifying information about a person arrested, admitted to jail, or charged with certain crimes. This identifying information often includes a booking photograph, fingerprints, and questions relating to identity.
DNA samples: The government does not routinely collect DNA samples from defendants in Minnesota during the “booking process.” Instead, they may do so in some types of cases following a court order, a sentence, or by consent. DNA samples are analyzed for purposes of identification. The Minnesota Supreme Court held in State v. Steeprock, A23-0875 (Minn. 12/3/25), that warrantless collection of a buccal swab from a defendant pursuant to Rule 9.02, subd. 2 (1) (f), of the Minnesota Rules of Criminal Procedure is an unreasonable search that violates the United States and Minnesota Constitutions. Defendants should refuse to consent to providing a DNA sample, prior to at least consulting their defense attorney.
Make a first impression
First impressions matter. You never get a second chance to make a first impression. And we want to make a good one. So Gallagher asks his clients to dress for court and make a good impression.
And Gallagher uses the opportunity to let the prosecutor know the defense outcome goal. Often we have preliminary settlement exploration. Attorney Thomas Gallagher listens carefully to the prosecutor’s concerns. And we discuss next steps in the court process.
“Do I enter a plea” at arraignment?
No. At the First Appearance or any later court appearance the defendant can enter a plea. The plea could be “guilty” or “not guilty.” In Minnesota, those are the only choices. However, the defendant does not need to enter any plea at all, at the arraignment or First Appearance. Some media commentators, and even some prosecutors who know better, vilify the defendant purely for pleading “not-guilty.”
But when an accused person pleads not-guilty, she asserts her Constitutional rights. We are innocent; and have the right to trial. This requires the government to support their claims with evidence if they can. The trial is the accused’s opportunity to challenge the government’s evidence. And the defendant has the right to have a jury decide.
Remember, the defendant did not initiate the court case, but is responding to a legal attack. Pleading not-guilty does not mean that the accused is “calling the accuser a liar,” or the like. After all, is every false statement the result of a lie? That is a naked attempt to reverse the burden of proof. False accusations happen. And we are not responsible for explaining why they are false. It’s enough that you know that they are untrue.
If a defendant pleads “guilty,” the first part of the Criminal Court process is over. In the first part, the question is whether criminal liability should attach. If it does, the second part is sentencing. Normally a defendant will not plead guilty unless part of a plea agreement.
Question? Call Lawyer Thomas Gallagher, 612 333-1500
Conditions of pre-trial release
In some cases where the defendant was not held for a bail hearing; the prosecutor may still ask the court for pre-trial release conditions.
This is common for gross misdemeanor and targeted misdemeanor cases, including DWI and domestic assault cases.
Common conditions of pretrial release include “no use of alcohol,” and a no-contact order and DANCO.
See: How to Drop a Contact Order in Minnesota.
In most other non-felony cases, there are no conditions of pre-trial release. In most felony cases, the prosecutor requests pre-trial release conditions.
“What happens after arraignment?”
After an arraignment, the defendant and his or her lawyer will need to appear at the next court appearance, sometimes call a Pretrial Conference or Rule 8 Appearance. But before that the defense attorney should request and review “pre-trial discovery” from the prosecutor’s office, and other available information.
Discovery becomes available
The Arraignment is the typical deadline for police to deliver their evidence to the prosecutor. After that, the prosecutor can provide it to the defense lawyer as pre-trial discovery. Sometimes the prosecutor later supplements initial discovery, as they get more evidence. A common example is witness statements.
Normally the defense attorney will want to review the discovery before preparing any pre-trial defense motions (sometimes sooner). The judge will hear most defense motions at a misdemeanor contested evidentiary hearing or a Contested Omnibus Hearing.
Prepare the Defense
Once we get discovery from the prosecutor, we can review the available evidence. If we see any favorable legal issues in the evidence, Attorney Gallagher prepares pre-trial motions.
We also prepare for the next step in the court process, the pre-trial conference.
Minneapolis Criminal Defense Attorney Thomas Gallagher is the author of this article. He welcomes your call with questions: 612 333-1500.
More
Court Process in Criminal Cases
Do I Need a Criminal Lawyer?
Asserting a Jurisdiction Defense in Minnesota
Criminal Law Questions | FAQ
Defenses to Criminal Charges in Minnesota
Blog articles: Winning Pre-trial Motions
Obstruction & Resisting Arrest