![]() ![]() The arresting officer is to decide whether to issue a citation using the information available at the time. ![]() 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 defendant's copy of a paper citation typically contains additional information such as court contact information, payment methods, and collateral consequences. 4(d), sets forth the content that must be included on the defendant's copy of an electronic citation. This means a conviction will be entered: (1) if the defendant fails to appear on the scheduled court date (2) if the defendant fails to pay the fine or otherwise contact the court by the scheduled deadline or (3) if the defendant requests an initial hearing on the citation but then fails to appear for it. As stated in the rule, the citation must direct the defendant to either appear or contact the court by a particular date. 4(b), reiterates that the citation must contain the statutorily required notice that failure to appear for a petty misdemeanor offense results in a conviction. The State Court Administrator and the Commissioner of Public Safety determine the required content of the citation in consultation with the courts, law enforcement, and other affected agencies, including the DNR. The citation is used to charge not only traffic offenses under Minnesota Statutes, chapter 169, but also criminal or Department of Natural Resources (DNR) offenses defined in other chapters. The "uniform traffic ticket" as defined in Minnesota Statutes, section 169.99, is used to issue a citation under Rule 6. A person should not be taken into custody for an offense that cannot be punished by incarceration. In misdemeanor cases a citation must be issued if the misdemeanor charged is not punishable by incarceration. The defendant's release must by conditioned on appearance at all future court proceedings. The court must set money bail without other conditions on which the defendant may be released by posting cash or sureties. The law enforcement agency must also be provided with the victim's name and location. A copy of the order must be provided to the defendant and to the law enforcement agency that has or had custody. If the court sets conditions of release, it must issue a written order containing them. (d) Impose other conditions necessary to assure appearance as ordered. (c) Require an appearance bond, cash deposit, or other security or (b) Place restrictions on travel, association, or residence during release (a) Place the defendant under the supervision of a person who, or an organization that, agrees to supervise When this determination is made, the court must, either in lieu of or in addition to the above methods of release, impose the first of the following conditions of release that will reasonably assure the person's appearance as ordered, or, if no single condition gives that assurance, any combination of the following conditions: On appearance before the court, a person must be released on personal recognizance or an unsecured appearance bond unless a court determines that release will endanger the public safety or will not reasonably assure the defendant's appearance. A person charged with an offense must be released without bail when ordered by the prosecutor, court, or any person designated by the court to perform that function. ![]()
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