Legal Question in Criminal Law in Minnesota

Amicus brief

I would like to draft a brief as an amicus curiae for a friend of mine facing a felony assault charge here in Minnesota. While we agree that we are better served by garnering a favorable plea bargain as opposed to proceeding to trial, I wish to address some mitigating circumstances.

Does an amicus brief need to be approved by the prosecution before I give it to the judge? Do I make an amicus brief as an official brief and file it with the court admin? I asked the court admin and they have no idea. I live ''out in the corn'' and the admin has never even heard of an amicus brief. Sigh...


Asked on 11/03/08, 1:11 am

1 Answer from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

Re: Amicus brief

An amicus curiae brief is commonly a brief by a non-party who wishes to weigh in on a legal case in the appellate courts, though it probably could be done in a trial court level case if permitted by the court. If you wish to help the defendant, your best bet is probably consulting the defense lawyer for tips on things you could do to help.

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Answered on 11/03/08, 1:53 pm


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