Minn. R. Crim. P. 17.01

As amended through February 1, 2024
Rule 17.01 - Prosecution by Indictment, Complaint or Tab Charge

Subd. 1. Offenses Punishable by Life Imprisonment. An offense punishable by life imprisonment must be prosecuted by indictment. The prosecutor may initially proceed by a complaint after an arrest without a warrant or as the basis to issue an arrest warrant. Subsequent procedure must be in accordance with Rules 8 and 19. Any other offense defined by state law may be prosecuted by indictment or by a complaint as provided by Rule 2.

Subd. 2. Misdemeanor and Gross Misdemeanor Offenses. Misdemeanors and designated gross misdemeanors as defined by Rule 1.04(a)-(b) may be prosecuted by tab charge. A complaint must be subsequently served and filed for designated gross misdemeanors as required by Rule 4.02, subd. 5(3).

Subd. 3. Indictment Following Arrest or Complaint. The arrest of a person by arrest warrant issued in a complaint under Rule 3 or the filing of a complaint under Rule 4.02, subd. 5(2) against a person arrested without a warrant will not preclude an indictment for the offense charged or for an offense arising out of the same conduct.

Minn. R. Crim. P. 17.01