What does being charged by formal complaint mean?

All felony and most gross misdemeanor criminal offenses are required to be filed with the court and served upon the defendant in the form of a complaint. A complaint has a probable cause narrative section that must set forth the facts supporting the alleged criminal conduct. Also contained in the complaint will be each criminal charge set foth in individual counts. The complaint will be mailed to you and most likely will include a summons telling you when to appear in court. Usually a person not charged by formal complaint would get a citation or tab charge, similar to a ticket one would get for speeding. I hope this helps. Please feel free to contact me if you have any questions.

Minnesota police officers, including state troopers, are authorized by law to issue citations alleging a petty misdmemeanor and some misdemeanor offences, subject to review by the jurisdictions prosecuting attorney. But a felony can only be charged by Complaint by the prosecuting attorney (or Indictment from a Grand Jury). Possession of meth, if charged, would be a felony.

You may be wondering why they let you go if they had already arrested you, and they found what may be 23.5 grams of methamphetamine. The reason you were released is the "36 Hour Rule" under Minnesota law. In general, if you have been arrested without a warrant, the State must bring you before a judge within 36 hours of your arrest, not counting the day of arrest, or Sunday. By that time, the local prosecutor would need to draft a complaint, with an attached affidavit of probable cause, and have it signed under oath by the officer, or another who is familiar enough with the facts to swear to the affidavit. This takes time, and it is not uncommon that potential defendants are simply released because the complaint cannot be completed in time or the police want to wait for the crime lab to finish its work before charging the case. The prosecutor has years to file the complaint, but you will generally see it within 6 months. The cutoff for a first degree meth charge, for mere possession is 25 grams, so as a possession crime this would likely be charged out as a second degree case. Second degree controlled substance charges are a level 8 offense, which means that a conviction would carry a presumptive prison commitment, even with no criminal history. Under Minnesota law, possession with intent to sell is the same as a sale. As a sale crime, the cutoff for first degree is 10 grams. I have seen cases where the State will try to argue possession with intent to sell, based on items like baggies and scales being present. If the State were to go this route, it would be a level 9 offense under the sentencing guidelines, and would be a more lengthy presumptive prison commitment. In both cases, you will want to have a lawyer examine absolutely everything that happened on the day in question. Did the trooper act properly in stopping you, in expanding the stop, in searching you, or you car and other possessions? Even if there are no issues to fight at trial, or at a pretrial hearing, a skilled lawyer can bring a motion for departure, to help you get probation instead of prison. A motion for departure is an argument to the judge that they should do something other than what the sentencing guidelines require. Every year judges depart to probation in roughly 1/3 (or slightly more) of these cases. But, in order to depart, a judge needs a good reason. This often involves drafting an alternate PSI, and treatment plan, as well as a detailed motion. In summary, you should take your paperwork and sit down with a skilled criminal trial lawyer. Most good defense attorneys, including me, offer a free consultation. Whether there are pretrial, trial, or sentencing issues, the potential consequences here can be devastating. I would be more than happy to help, and on , there are a number of other lawyers to talk to as well. Call a lawyer.