What is Probable Cause?

Probable cause is the requirement found in the 4th Amendment that identifies a standard of proof law enforcement must establish before making an arrest or executing a search warrant. Probable cause is less than proof beyond a reasonable doubt, but is more than reasonable suspicion. Probable cause is a flexible standard based on the totality of the evidence. Essentially, is it more likely than not that ‘Fact A’ is true, or ‘Piece of Evidence B’ is at a certain location.

What is Proof Beyond A Reasonable Doubt?

In a jury trial, a jury of the defendant’s peers must unanimously find the defendant guilty beyond a reasonable doubt in order to find the Defendant guilty of a crime. Proof beyond a reasonable doubt is a high standard, but it does not equate to capricious or fanciful doubt.

What is an “Enhanceable” Offense?

An enhanceable offense is an offense in which the penalties can become more severe based on the number of prior convictions for the same or similar offenses the defendant has. Examples include: DWI, Assault, and Theft. For example, a first-time DWI may be considered a misdemeanor, but a 4th conviction for DWI in 10 years can be a felony.

How are Misdemeanors and Felonies Defined?

There are four levels of offenses in MInnesota: (1) Petty Misdemeanors; (2) Misdemeanors; (3) Gross Misdemeanors; and (4) Felonies.

(1) Petty misdemeanors are minor offenses and are generally not considered “crimes.” They usually include traffic citations, and small amount of marijuana offenses. Sometimes, defense attorneys can persuade prosecutors to resolve misdemeanor offenses as petty misdemeanors as a means of reducing the impact on sentencing.

(2) Misdemeanors are offenses for which the court can sentence a defendant to jail for not more than 90 days, to payment of a fine of not more than $1,000, or both. Actual time in jail is rare for misdemeanor offenses, but it is possible. Most misdemeanor offenses are low-level crimes that impact public safety like first-time DWI’s, disorderly conduct, or simple assault. Some more serious misdemeanors, like domestic assault, may also result in consequences that prohibit possession of firearms and/or a court order prohibiting contact with a specified person or address.

(3) Gross Misdemeanors are offenses for which the court can sentence a defendant to jail for not more than 365 days or to a fine of not more than $3,000, or both. Some Gross Misdemeanor (GM) offenses statutorily require a jail sanction (like 2nd time DWI’s), while others likely involve longer probationary periods. Gross misdemeanors are kind of a unique hybrid of offenses that the legislature has deemed not serious enough to be felonies, but still deserving of more consequence than a misdemeanor. Examples include second-time DWIs and obstructing legal process with force.

(4) Felonies are serious offenses for which the court can sentence a defendant to prison or impose a fine based on the severity of the offense and Defendant’s criminal history. Courts use the Minnesota Sentencing Guidelines to calculate consistent sentencing for felony offenses. A defendant convicted of a felony may be exposed to significant sanctions, including threats to liberty, voting rights, and rights to possess firearms. Every felony case deserves special attention by a qualified defense attorney that can help their client navigate the legal system.