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Criminal Division


The Criminal Division of the County Attorney's Office is responsible for prosecuting adults charged with felony crimes, as well as misdemeanors and gross misdemeanors occurring within the townships. Misdemeanors and gross misdemeanors occurring within the cities of Washington County are prosecuted by the City Attorney for each city.
The Criminal Division has eight Assistant County Attorneys, also known as prosecutors, who have primary responsibility for determining whether a person will be charged with a crime. This decision is based upon an investigation conducted by a law enforcement agency. The Assistant County Attorneys draft complaints and appear at various court hearings. The prosecution of a case may include reviewing police reports and witness statements, conducting a legal analysis of the evidence, interviewing witnesses and conducting a jury trial. Prosecutors also prepare and provide annual training to law enforcement agencies.

The Criminal Division prosecutors do not represent individuals in court and cannot provide legal advice to individual citizens. Prosecutors cannot take reports of a crime from individuals. The prosecutors represent the State of Minnesota, which initiates a criminal charge against a person accused of a crime, and can only provide legal advice to law enforcement officers.

To report a crime, contact the local Law Enforcement Agency where the crime occurred.

The Criminal Division does not represent defendants and cannot provide legal advice to a defendant. At the first court appearance, a defendant has the opportunity to apply for the services of a Public Defender, if eligible.

The laws of Minnesota establish four levels of criminal offenses:

  1. Petty Misdemeanors punishable by up to a $300 fine.
  2. Misdemeanors punishable by up to a $1,000 fine and 90 days in jail.
  3. Gross Misdemeanors punishable by up to a $3,000 fine and  one year in jail, and
  4. Felonies punishable by more than one year in prison.
The Minnesota Rules of Criminal Procedure establish the procedure used by the Court and attorneys to move a case through the system. The procedures for Petty Misdemeanors and Misdemeanors are similar and the procedures for Gross Misdemeanors and Felonies are similar.

The court system uses several terms which have specific Legal Definitions established by the rules of Court.
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