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1. Can I report a crime to the County Attorney's Office?

The crime should be reported to the police department in the city where the crime was committed. If the crime was committed in a township, the crime should be reported to the Rice County Sheriff at 507-332-6022 (from Lonsdale call 507-744-5185, from Northfield call 507-645-9576) or if it is an emergency call 911.

2. How do I obtain copies of criminal reports?

As a general rule, reports and records are maintained by the department that generates them. Official copies of criminal reports are maintained at the Law Enforcement Center or Police Department records sections, so your first request should be directed to your local law enforcement center. The records section may have to refer you to us if data privacy issues exist, and in that case we will do our best to help you.

For more information, please contact the Attorney's Office at Faribault phone 507-332-6103, Northfield phone 507-645-9576, or Lonsdale phone 507-744-5185.

3. How does a judge decide a sentence?

If the judge is sentencing a defendant for a misdemeanor or gross misdemeanor offense, the judge relies on the judge's experience and past sentencing practices. Occasionally, there is a mandatory minimum sentence that is required. There are no sentencing guidelines for misdemeanors or gross misdemeanors.

If the crime is a felony, the sentencing judge must apply the Minnesota Sentencing Guidelines which give a presumptive sentence that a defendant should receive based upon the seriousness of the crime and the defendant's criminal record. When a probationary sentence is called for by the Guidelines, a judge may impose county jail time, fines, treatment, restitution, or other requirements as conditions of probation. Before sentencing, a pre-sentence investigation may be prepared which includes a social history of the defendant, criminal history of the defendant, victim impact and other information and recommendations. The prosecutor and defense attorney also may make recommendations to the judge regarding sentencing. Visit the Minnesota Sentencing Guidelines page.

4. What happens at trial?

The trial may be before a jury of twelve people or a judge alone if the defendant so requests. The trial begins with both sides having an opportunity to make an opening statement on the facts they expect to prove. The prosecutor then presents the State's case by using witnesses and exhibits. When the prosecutor has finished, the defense attorney may given an opening statement if it has not already been given. The defense attorney then may present a case using witnesses and exhibits. The defendant is not required to prove anything.

The defendant is present in the courtroom during the entire trial. The defendant can decide not to testify. Once the defense has completed its case, both sides are allowed to make closing arguments, with the prosecutor going first. The judge or jury will then review the evidence they have heard and make a decision of guilty or not guilty. The prosecutor beyond a reasonable doubt must prove the defendant guilty. All jurors have to agree on the verdict. For more information, please contact the Attorney's Office at Faribault 507-332-6103, Northfield 507-645-9576, or
Lonsdale 507-744-5185.

5. What happens next in a criminal case?

When a Complaint (criminal charging document) is issued by the County Attorney's Office and signed by a judge, the defendant is scheduled for a first appearance in Court. A judge will then insure that an attorney represents the defendant. The judge also decides whether the defendant should be required to post bail or be released without bail. If the defendant doesn't post bail the defendant remains in jail. If requested, an Omnibus (pretrial) Hearing is scheduled. At the Omnibus Hearing, a judge decides what evidence may be used and whether there is enough evidence for the case to go to trial. Testimony from victims and witnesses is usually not necessary at the Omnibus Hearing. After the judge decides the Omnibus Hearing issues, the trial is scheduled. The trial usually is scheduled within six to eight weeks unless the defendant asks for or agrees to a trial at a later date.

The law requires counties to offer some offenders the option to participate in a diversion program rather than continuing through the court system. Certain first time property offenders may be eligible for the Rice County Adult Criminal Diversion Program. The goals of diversion include creating an incentive for offenders to change their behavior, ensuring full and prompt payment of restitution to crime victims, holding offenders accountable to society, and reducing costs associated with the criminal justice system.

For more information, please contact the Attorney's Office at at Faribault 507-332-6103, Northfield 507-645-9576, or Lonsdale 507-744-5185.