First Time Felony in Minnesota: What to Expect

First time felony in Minnesota

Facing a First Felony in Minnesota

Being charged with a felony for the first time can feel overwhelming. The process is different from misdemeanors and carries much higher stakes, including the possibility of significant jail time and long-lasting consequences on your record. Here’s what you can expect if you’re facing your first time felony in Minnesota.

Arrest or Criminal Complaint

There are two main ways a felony case begins in Minnesota:

  1. Arrest and Bail Hearing

    • If police arrest you on a felony charge, you may spend 1–3 days in jail before seeing a judge.

    • At your bail hearing, the judge decides whether to set bail, release you on conditions, or hold you in custody.

    • Sometimes judges impose “conditional bail,” meaning you must follow certain rules instead of paying a large amount of money.

  2. Criminal Complaint by Mail

    • In other cases, prosecutors file charges weeks or months after the alleged incident.

    • You’ll receive a summons in the mail requiring you to appear in court.

    • Even if you aren’t arrested immediately, you’ll still be fingerprinted and photographed (booked) once charges are filed.

First Court Appearances

You’ll attend several hearings early in your case:

  • Rule 5 and Rule 8 Hearings: These hearings inform you of your rights, such as the right to an attorney, presumption of innocence, and access to evidence.

  • Omnibus Hearing: Here, the court addresses constitutional issues (like illegal searches, unlawful arrests, or improper questioning) and determines if there is probable cause for the charges to move forward. You’ll also be asked to enter a plea. Most people plead not guilty at this stage to preserve their rights, even if they later negotiate a plea agreement.

Case Timeline

Felony cases move more slowly than misdemeanor cases:

  • Quickest resolution: ~3 months

  • Typical duration: 6–12 months

  • Longer cases: Over a year, depending on evidence and trial complexity

If your case goes to trial, it will be heard by 12 jurors, and all must agree you are guilty beyond a reasonable doubt. Even 11–1 is not enough for a conviction.

Collateral Consequences of a Felony

A felony conviction doesn’t just mean possible jail time or probation. It can also affect:

  • Employment opportunities

  • Housing eligibility

  • Voting and firearm rights

  • Immigration status

  • Professional licensing

Judges and prosecutors are not required to warn you about these collateral consequences, which is why it’s critical to understand them before making any decisions in your case.

Possible Outcomes

Felony cases can end in different ways:

  • Dismissal: If evidence is insufficient or your rights were violated

  • Trial Verdict: A jury decides guilt or innocence

  • Plea Agreement: You may plead guilty, sometimes under a Stay of Imposition. This option allows a felony to be reduced to a misdemeanor after successful probation—preventing a permanent felony record.

Frequently Asked Questions about First time felony in Minnesota:

What happens if I’m arrested for my first felony in Minnesota?

If you’re arrested on a felony charge, you’ll usually spend 1–3 days in jail before seeing a judge. At your first court appearance (called a bail hearing), the judge decides if you can be released, whether bail will be set, and what conditions you must follow while your case moves forward.

Will I go to jail for my first felony?

Not necessarily. Many first-time felony defendants are released with conditions or on bail. Jail or prison time depends on the severity of the charges, your criminal history, and the outcome of your case. An experienced defense attorney can often negotiate alternatives to jail, such as probation or treatment programs.

What is an omnibus hearing?

An omnibus hearing is a key step in Minnesota felony cases. The court reviews whether police violated your constitutional rights (like illegal searches or arrests) and determines if there’s enough probable cause for the case to continue. You’ll also be asked to enter a plea, which is usually “not guilty” at this stage.

How long does a felony case take in Minnesota?

Felony cases generally take longer than misdemeanors. A simple case might wrap up in about 3 months, but most last 6–12 months. Complex cases can take more than a year, especially if they go to trial.

Can a first felony be reduced to a misdemeanor?

Yes, in some cases. Minnesota allows something called a Stay of Imposition, where a felony conviction is reduced to a misdemeanor after successful probation. This option can prevent you from having a permanent felony record.

What are collateral consequences of a felony?

Beyond jail time, a felony conviction can affect employment, housing, voting rights, firearm rights, and even professional licenses. Judges and prosecutors don’t always warn you about these, so it’s important to discuss them with your lawyer before making any decisions.

Do I need a lawyer for my first felony?

Yes. Felony charges are serious, and the process is complex. A lawyer can protect your rights, challenge evidence, negotiate for reduced charges, and guide you through the long-term consequences of any plea or conviction.

Why Legal Representation Matters

Minnesota felony charges are complex and carry lifelong consequences. An experienced defense attorney can:

  • Challenge unconstitutional searches or arrests

  • Fight to reduce bail or secure your release

  • Negotiate for reduced charges or dismissal

  • Protect you from hidden collateral consequences

If you’ve been charged with your first felony in Minnesota, don’t face it alone.

Contact Ryan Pacyga Criminal Defense at 612-339-5844.