Sentence With Indenture In Minnesota
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In Minnesota, judges may depart (go below) the mandatory minimum sentence if they find substantial and compelling reasons to do so. Mandatory minimum sentences are imposed on those that are convicted of a controlled-substance crime and also have a prior conviction within ten-years of the current conviction.
Rule 69. In aid of the judgment or execution, the judgment creditor, or successor in interest when that interest appears of record, may obtain discovery from any person, including the judgment debtor, in the manner provided by these rules.
Initial Appearance. (a) In General. (1) Appearance Upon an Arrest. (A) A person making an arrest within the United States must take the defendant without unnecessary delay before a magistrate judge, or before a state or local judicial officer as Rule 5(c) provides, unless a statute provides otherwise.
Rule 5 prescribes the procedure at the defendant's initial appearance. In most misdemeanor cases, the initial appearance will also be the time of arraignment and disposition. Rule 5.02 requires the appointment of a qualified interpreter for a defendant disabled in communication.
The only plea a defendant may enter at the Rule 8 hearing is a guilty plea. If the defendant pleads guilty, the pre-sentencing and sentencing procedures in these rules must be followed. If the defendant does not wish to plead guilty, the arraignment must be continued until the Omnibus Hearing.
Minnesota's guidelines recommend sentences based first on the seri- ousness of the offense and second on the criminal record of the offender. Offenders who are convicted of similar crimes and have similar criminal backgrounds are to receive similar sentences.
Rule 27.05 (Pretrial Diversion) does not preclude the prosecutor and defendant from agreeing to diversion of a case without court approval if charges are not pending before the court.
A "stay of imposition" occurs when the court accepts and records a finding or plea of guilty, but does not impose (or pronounce) a prison sentence.
Rule 5 prescribes the procedure at the defendant's initial appearance. In most misdemeanor cases, the initial appearance will also be the time of arraignment and disposition. Rule 5.02 requires the appointment of a qualified interpreter for a defendant disabled in communication.
