Minn. R. Crim. P. 23

From LegalLanding

Below is Rule 23 of the Minnesota Rules of Criminal Procedure. Rule 23 deals with Petty Misdemeanors and Violations Bureaus.

Rule 23.01 Definition of Petty Misdemeanor

“Petty misdemeanor” means an offense punishable by a fine of not more than $300 or other amount established by statute as the maximum fine for a petty misdemeanor.

Rule 23.02 Certification as Petty Misdemeanor by Sentence Imposed

A conviction is deemed a petty misdemeanor if the sentence imposed is within petty misdemeanor limits.

Rule 23.03 Violations Bureaus

Subd. 1. Establishment. The district court may establish misdemeanor violations bureaus.

Subd. 2. Fine Schedules.

(1) Uniform Fine Schedule. The Judicial Council must adopt and, as necessary, revise a uniform fine schedule setting fines for statutory petty misdemeanors and for statutory misdemeanors as it selects.

(2) County Fine Schedules. On establishment of a violations bureau, the district court must establish by court rule, for each county, a fine for any misdemeanor that may be paid to the violations bureau in lieu of a court appearance by the defendant. When an offense is substantially the same as an offense included on the uniform fine schedule, the fine established must be the same.

Subd. 3. Fine Payment. A defendant must be advised in writing before paying a fine to a violations bureau that payment constitutes a plea of guilty to the charge and an admission that the defendant understands and waives the right to:

a. a court or jury trial;

b. counsel;

c. be presumed innocent until proven guilty beyond a reasonable doubt;

d. confront and cross-examine all witnesses; and

e. to remain silent or to testify for the defense.

Subd. 4. Functions of Violations Bureau. The violations bureau must process all citations for misdemeanors included on the county fine schedule, accept all fines payable on such citations at the bureau, set dates for arraignment, accept bail, keep records, and perform other duties as the court directs.

Subd. 5. Procedures of the Violations Bureau. The district court must supervise, and the court administrator must operate, the misdemeanor violations bureaus. The district court must issue rules governing the duties and operation of the bureaus consistent with these rules. The court administrator must assign one or more clerks to perform the duties of the bureaus.

Rule 23.04 Certification as a Petty Misdemeanor in a Particular Case

Before trial, the prosecutor may certify the offense as a petty misdemeanor if the prosecutor does not seek incarceration and seeks a fine at or below the statutory maximum for a petty misdemeanor. Certification takes effect only on approval of the court and consent of the defendant.

Rule 23.05 Procedure in Petty Misdemeanor Cases

Subd. 1. No Right to Jury Trial. No right to a jury trial exists in a misdemeanor charge certified as a petty misdemeanor under Rule 23.04.

Subd. 2. Right to Appointed Counsel. A defendant charged with a misdemeanor offense certified as a petty misdemeanor cannot qualify for court appointed counsel unless the offense involves moral turpitude. In these cases the defendant must qualify financially prior to appointment.

Subd. 3. General Procedure. A defendant charged with a petty misdemeanor violation is presumed innocent until proven guilty beyond a reasonable doubt. Except as otherwise provided in Rule 23, the procedure in petty misdemeanor cases must be the same as for misdemeanors punishable by incarceration.

Rule 23.06 Effect of Conviction

A petty misdemeanor is not considered a crime.

Comment—Rule 23

The definition of petty misdemeanor as used in Rule 23 is broader than the definition provided by Minn. Stat. § 609.02, subd. 4a, which refers to a statutory violation punishable only by a fine of not more than the specified amount. Under Rule 23.01, read in conjunction with the definition of “misdemeanor” in Rule 1.04(a), the term “petty misdemeanor” refers also to violations of local ordinances, charter provisions, rules, or regulations.

These rules do not specify any procedures or sanctions for enforcing payment of fines in petty misdemeanor cases. Existing law permits some enforcement methods. The court may delay acceptance of a plea until the defendant has the money to pay the fine. If a defendant is unable to pay a fine when imposed, the court may set a date by which the defendant must either pay the fine or reappear in court. If the fine is not paid by the date set and the defendant does not reappear as ordered to explain why it has not been paid, the court may issue a bench warrant for the defendant's arrest and set bail in the amount of the fine. Any bail collected could then be used under Minn. Stat. § 629.53 to pay the fine. Contempt procedures under Minn. Stat. ch. 588 can also be used to enforce payment of a fine when the defendant has willfully refused payment. An administrative sanction may exist if the defendant has failed to pay a fine imposed upon conviction of violating a law regulating the operation or parking of motor vehicles. In such cases, the commissioner of public safety is required under Minn. Stat. § 171.16, subd. 3, to suspend the defendant's license for 30 days or until the fine is paid if the court determines that the defendant has the ability to pay the unpaid fine. Similar sanctions for non-traffic offenses might prove effective, but would require legislative action.

Rule 23.02, which deems a conviction a petty misdemeanor if the sentence imposed is within petty misdemeanor limits, is similar to Minn. Stat. § 609.13, which provides for the reduction of a felony to a gross misdemeanor or misdemeanor and for the reduction of a gross misdemeanor to a misdemeanor.

For uniformity in fines imposed for certain misdemeanors throughout the state, see Minn. Stat. § 609.101, subd. 4.

The written advice required by Rule 23.03, subd. 3 may be included upon the citation issued for the offense. This citation may be set forth in the form of an envelope for mailing the fine to the bureau. This rule does not require a defendant to sign a written plea of guilty.

See also Rule 5.04 as to appointment of counsel upon request of the defendant or interested counsel when the prosecution is for a misdemeanor not punishable by incarceration.

Contrary to what is provided in Rule 23.04, Minn. Stat. § 609.131, enacted by the legislature in 1987 (Chapter 329, Section 6), purports to allow the reduction of a misdemeanor to a petty misdemeanor without the consent of the defendant. The Advisory Committee is aware of this statute, but after consideration rejected any change in the Rule. On such matters of procedure the Rules of Criminal Procedure take precedence over statutes to the extent there is any inconsistency. State v. Keith, 325 N.W.2d 641 (Minn. 1982).