Government

Frequently-Asked Questions in the Attorney's Office
County Attorney: Janelle P. Kendall

How do I find an attorney to represent me?

Who do I call regarding a landlord/tenant issue?

Where can I find a legal form for my court case?

Where can I find an answer to questions concerning: prosecution of misdemeanors, city ordinance violations, or matters involving municipal government?

What does this word mean?

What do I need to know about reporting for jury duty?

What are the order of events in a jury trial?

How do I find an attorney to represent me?

The County Attorney's Office cannot make recommendations regarding private attorneys.

You can search the yellow pages, call the Minnesota Attorney Referral Service at 1-800-292-4152, or go to the Minnesota State Bar Association website at www.mnbar.org.

If you wish to apply for the services of a public defender, you must apply through the Stearns County Court Administrator:

Telephone: 320.656.3620
Fax: 320.656.3626 (Courthouse)
Fax: 320.656.6335 (Courts Facility)
Online: www.courts.state.mn.us/districts/seventh/dist07.htm
E-mail: stearns@courts.state.mn.us

Who do I call regarding a landlord/tenant issue?

You should contact the Attorney General's Office at 1-800-657-3787 or visit their website at http://www.ag.state.mn.us/.

The website provides links to a number of valuable resources, and provides information about obtaining publications explaining the rights and responsibilities of both landlords and tenants. Other publications address issues unique to mobile home parks.

For rental property located in St. Cloud, you may call the Housing and Inspection Division at 320-255-7214. www.ci.stcloud.mn.us/web/mainindex.htm

Where can I find a legal form for my court case?

Legal forms needed for motions to the court can be found at www.courts.state.mn.us/ctforms. Look for the drop-down menu titled "Forms Selection."

Where can I find an answer to questions concerning prosecution of misdemeanors, city ordinance violations, or matters involving municipal government?

For questions concerning prosecution of misdemeanors, city ordinance violations, or matters involving municipal government, contact your city attorney. Some of the cities require that you contact the city clerk before contacting the attorney directly.

Following is a listing of the city and township attorneys in Stearns County.

CITY ATTORNEY LIST

What does this word mean?

Here are the definitions of some commonly-used legal terms.

Acquittal
A legal judgment based on the decision of a jury or judge that the defendant's guilt was not proven beyond a reasonable doubt.

Arraignment Hearing
An initial hearing before the court to advise a defendant who has been charged with a crime of the nature of the charges. Bail or conditions of release will also be set if a defendant is in the custody of the jail at this time; conditions of release may also be set if a defendant is not in custody.

Bail
Money or property promised to the court as security when a defendant is released from jail during criminal proceedings. He or she promises to appear in court when ordered to do so. Bail can be forfeited if the defendant fails to appear or violates release conditions.

Beyond a Reasonable Doubt
The degree of proof needed for a jury or judge to convict an accused person of a crime in adult criminal or juvenile delinquency court.

Charge
A formal accusation filed by the prosecutor's office that a specific person has committed a specific crime; also referred to as "pressing charges". A victim does not "press charges". Only the prosecutor on behalf of the State of Minnesota can file or "press" charges.

Continuance
A delay or postponement of a court hearing; the case is said to be "continued" when it has been delayed or postponed.

Conviction
A judgment of the court based on the decision of a jury or judge that the defendant is guilty.

Defendant
A person who has been formally charged with committing a crime or a delinquent act.

Dismissal
A decision by a prosecutor or judge to end a case for legal reasons.

Disposition
The final judicial decision which ends a criminal proceeding by judgment of acquittal, dismissal or sentencing of a convicted defendant.

Expungement
A court order sealing the records and prohibiting disclosure of their existence except under court order or statutory authority.

First Appearance
The defendant is advised of the nature of the criminal charge, advised of his/her rights, bail or release conditions are set, and a public defender may be appointed.

Hearing
A legal proceeding in which arguments, witnesses, or other pre-trial evidence may be heard by a judge.

Omnibus Hearing
Attorneys may bring evidentiary or other pre-trial issues to the judge for a decision.

Personal Recognizance
The promise of a defendant to return to court when ordered to do so. The promise is given in exchange for release from custody without bail during criminal proceedings.

Petition for Expungement
A request to the court by a person who is the subject of a criminal record to seal a record relating to the arrest, indictment or information, trial, dismissal or discharge. Records will not be destroyed or returned to the subject of the record.

Plea
A defendant's formal answer in court to the charge that he/she committed a crime. A plea may be guilty or not guilty.

Plea Agreement/Plea Negotiation
An agreement between the State and the defendant. The defendant agrees to plead guilty under certain terms and conditions. Plea agreements are a means of arriving at a reasonable disposition without the necessity of a trial. The victim has the right to be informed of the plea agreement and to voice any objections at the sentencing or disposition hearing. All plea agreements must be approved by the judge.

Pre-Sentence Investigation (PSI)
Performed by an agent of the Court, usually after a plea or conviction. The investigation provides the judge information about the defendant and the crime's impact on the victim. The agent conducting the PSI should contact the victim regarding restitution and victim impact. The PSI report will include recommendations for sentencing and, when appropriate, court supervision of the defendant's behavior during probation.

Pre-Trial Hearing
Also called "Settlement Conference". The defendant may plead guilty and proceed to sentencing or plead not guilty, at which time a trial date will be set.

Prosecutor
An attorney employed by the government to represent the public interest and uphold the laws. The prosecutor charges and prosecutes people accused of breaking the law. The victim does not hire an attorney for criminal prosecution.

Public Defender
An attorney hired by the government to represent defendants who are financially unable to hire a private defense attorney.

Restitution
Payments ordered by the judge which require the defendant to repay victims for economic losses incurred as the result of the crime.

Subpoena
A court order requiring a person to appear in court and give testimony.

Trial
The prosecutor presents evidence which the defense challenges. A judge or jury determines if the evidence proves beyond a reasonable doubt that a crime was committed. The verdict will be guilty or not guilty based on a unanimous decision.

Victim
A person who incurs loss or harm as a result of a crime; if deceased, victim means the surviving spouse or next of kin. A corporation or government entity may be defined as a victim for the purposes of restitution.

Victim Impact Statement
A statement given by the victim(s) which describes how the crime has affected them and any reactions to the proposed sentence or disposition.

What do I need to know about reporting for jury duty?

See our Reporting for Jury Duty page for more information.

What are the order of events in a jury trial?

See our Events of a Jury Trial page for more information.