Granting Plea For Purging In Minnesota
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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.
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.
The rule places a ten year limit on the admissibility of convictions. This limitation is based on the assumption that after such an extended period of time the conviction has lost its probative value on the issue of credibility.
Rule 5. No service need be made on parties in default for failure to appear except that pleadings asserting new or additional claims for relief against them shall be served upon them in the manner provided for service of summons in Rule 4. A party appears when that party serves or files any document in the proceeding.
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.
In March 2009, the Minnesota House of Representatives characterized the Alford plea as "a form of a guilty plea in which the defendant asserts innocence but acknowledges on the record that the prosecutor could present enough evidence to prove guilt." The Minnesota Judicial Branch similarly states: "Alford Plea: A plea ...
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.
Juveniles must reach the age of 18 years to be legally on their own and released from parental care and responsibility. However, in Minnesota, many older youth (16 and 17 years old) live on their own with permission from their parents and in most cases, no one intervenes to prevent it.