If you are charged, the police may have a summons delivered to you. They tell you the date when you have to go to court see the next section , the location of the court, and the type of offence you are charged with.
Indictable offences are more serious. Examples are murder, sexual assault, and breaking and entering. The appearance notice or summons will usually have paragraph number 2 filled out. This paragraph says you must go to the local police station on a certain date to have your fingerprints and photograph taken.
That date will be some time before your first court appearance. Usually, the judge will set another date a couple of weeks later, so you and your lawyer have time to receive and review file materials. Summary If you get an appearance notice or summons, you have to go to court on the date and time shown to answer a criminal charge. Speak to a lawyer if you get an appearance notice or a summons.
Updated November If you are released after being charged or granted bail you will have to go to court later to face the charges. You do not have to agree if you do not want to.
If you were not happy with your treatment you can also make a complaint. Bail means the police release you from custody if you promise to go to court later to face the charges against you. To get bail , you may have to agree to conditions such as:. You must follow your bail conditions. If you do not, you may be fined up to 30 penalty units or sent to jail for up to three months. Also, police can give you an infringement notice for minor breaches of your bail conditions. For example, they can do this if you turn up late when you report to the police station.
The police can also release you and later compel your appearance by serving a Summons on you. The Appearance Notice, or Undertaking will state what you have been charged with and include a date and time you must appear in court. In can include a date and time that you must appear for fingerprinting as well. The Undertaking may contain conditions. Any conditions must be reasonable in the circumstances of the offence and be necessary to:. When the police impose conditions they need to use choose the least severe conditions needed for your case and consider how difficult it may be for you to comply with any conditions.
When making decisions about release the police must pay particular attention to the circumstances of an accused who is Indigenous or from a vulnerable population that is over-represented in the justice system.
Since the Rules do not specifically require this information to be on the citation, when the defendant is issued an electronic citation, the additional information could be given to the defendant by other means such as directing the defendant to a website or providing a separate information sheet. The arresting officer is to decide whether to issue a citation using the information available at the time.
If that officer decides not to issue a citation, the officer-in-charge of the stationhouse will then make a determination from all the information then available, including any additional information disclosed by further interrogation and investigation. A law enforcement officer's power to transport a person for such purposes is still governed by statute and is neither expanded nor contracted by Rule 6. See, e. These rules do not prescribe the consequences of failing to obey a citation.
The remedy available is the issuance of a warrant or summons upon a complaint. If conditions of release are endorsed on the warrant Rule 3. Release on "personal recognizance" is a release without bail on defendant's promise to appear at appropriate times. An "Order to Appear" is an order issued by the court releasing the defendant from custody or continuing the defendant at large pending disposition of the case, but requiring the defendant to appear in court or in some other place at all appropriate times.
The conditions of release must proceed from the least restrictive to the ultimate imposition of cash bail depending on the circumstances in each case. Release on monetary conditions should only be required when no other conditions will reasonably ensure the defendant's appearance. When monetary conditions are imposed, bail should be set at the lowest level necessary to ensure the defendant's reappearance.
Although Rule 6. If the ten percent cash option is authorized by the district court, it should be in lieu of, not in addition to, an unsecured bond, because there is generally no reasonable expectation of collecting on the unsecured bond and the public should not be deluded into thinking it will be collected.
The court should consider the availability of a reliable person to help assure the defendant's appearance. If cash bail is deposited with the court it is deemed the property of the defendant under Minnesota Statutes, section For certain driving while intoxicated prosecutions under Minnesota Statutes, section A.
Conditions may include alcohol testing and license plate impoundment. However, Rule 6. The Advisory Committee was of the opinion that this is required by the defendant's constitutional right to bail. Minnesota Constitution, article I, section 7, makes all persons bailable by sufficient sureties for all offenses. It would violate this constitutional provision for the court to require that the monetary bail could be satisfied only by a cash deposit.
The defendant must also be given the option of satisfying the monetary bail by sufficient sureties. State v. Brooks, N. If the court sets conditions of release, aside from an appearance bond, then the court must issue a written order stating those conditions. Any written order must be issued promptly and the defendant's release must not be delayed. In addition to providing a copy of the order to the defendant, the court must immediately provide it to the law enforcement agency that has or had custody of the defendant along with information about the named victim's whereabouts.
This provision for a written order is in accord with Minnesota Statutes, section Written orders are required because it is important that the defendant, concerned persons, and law enforcement officers know precisely the conditions that govern the defendant's release.
When setting bail or other conditions of release, see Minnesota Statutes, sections Also see Minnesota Statutes, sections When imposing release conditions under Rule 6.
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