Legal Question in Criminal Law in Minnesota

Re: Time Limit

You can read the Minnesota Rules of Criminal Procedure at the Minnesota Supreme Court's website or at a law library. Rule 5.03 calls for a Rule 8 appearance date not later than 14 days after the initial appearance under Rule 5, where there is a felony charge. However, I do not recall ever asking for or wanting the appearance dates so close together, in my 20 years of practice, unless perhaps when the accused is "in custody."

Normally, if the defendant is not in custody, there is no hurry on the part of the defense. There can be rare exceptions to this.

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Re: Time Limit

A Rule 5 hearing is a first appearance at which the defendant is advised of the charges against him/her and his/her rights.

A Rule 8 hearing is an arraignment which can be combined with a Rule 5 hearing with the defendant's consent in court. If they are not combined,

Minnesota Rule of Criminal Procedure 5.02 provides that a in a felony or gross misdemeanor case, where the defendant has not waived the right to a separate appearance under Rule 8, the judge or judicial officer shall set a date for such appearance which shall not be later than fourteen (14) days after the defendant's initial appearance before such judge or judicial officer under Rule 5.

Under Rule 8.04, the omnibus hearing (Rule 11 hearing) must occur within twenty-eight (28) days of the rule 8 hearing, but the court may extend that timeline for good cause on a motion by either party or on the court's own initiative.

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