The City Attorney's office represents the City, its elected officials and staff, City departments and the City's boards, commissions and authorities in civil matters. The attorneys in the office are not allowed to represent private citizens in any type of proceeding. In criminal prosecutions the City Attorney's office represents the State of Minnesota.
Criminal Services
The Criminal Division prosecutes all petty misdemeanor, misdemeanor and some gross misdemeanor criminal cases occurring within the City. The City Attorney does not prosecute any felony cases. The Olmsted County Attorney prosecutes all felony cases occurring anywhere in Olmsted County. The City Attorney also provides assistance to victims of criminal offenses.
Frequently Asked Questions
Who does the City Attorney's Office Represent?
I cannot afford to pay a fine. What are my options?
Assuming a guilty plea or conviction, a judge can take into consideration someone's financial circumstances. One option frequently utilized is community work service in place of payment of a fine. Community work service is credited toward a fine at the rate of $10/hour (e.g. $200 fine or 20 hours community work service.) If the resolution involves a conviction there are fees and surcharges (usually $90) that must be paid. There is a minimal fee charged for the community work service program.
Payment plans are also an option. If you are resolving your case directly with the prosecutor you can be given up to four months to pay a fine. If you need a longer period of time a judge would need to approve that request.
While the City would certainly encourage steps to safer driving, we are not able to offer any type of diversion sentence tied to a "safe driving class". Additionally, absent exceptional circumstances the prosecutor will NOT be able to keep the ticket off of your record.
One exception under the law is for a speeding ticket of 65 mph or less, either in a 60 or a 55 mph zone. Such an offense would NOT be reported to your driving record.
Depending on your driving record, the prosecutor may be willing to resolve your case in a manner that does not cause you a new driver's license issue. This resolution would require you to remain law abiding for a period of time along with payment of a fine.
I want to talk to a prosecutor about my case. When can I do that?
If you have received a traffic citation or a parking ticket within the city limits of Rochester, or you have an active warrant for failure to appear and you wish to speak with a prosecutor, you may attend a Tuesday arraignment day and request to speak with a prosecutor. To so do, please go to the 4th floor of the Olmsted County Government Center (Door "B"), check in with court staff and a prosecutor will call you into a conference room to discuss your citation.
Allow for extra time as there is security screening on the 2nd floor prior to accessing court level. Hearings related to these matters will begin at 2:30 p.m.
If you do not wish to resolve your citation and would like a hearing, please contact the Olmsted County District Court at (507) 722-7279 and request a hearing to be scheduled.
NOTE: If Monday is a holiday, there will be NO traffic court on the following Tuesday and you must wait until the next Tuesday.
I am charged with a petty misdemeanor. Can I apply for a public defender?
A public defender will not be appointed on a petty misdemeanor case. You have the right to hire a private lawyer but do not have a right to a public defender.
I cannot afford to hire a lawyer. What are my options?
You may apply for a public defender. If you qualify financially, a public defender will be appointed (except for a petty misdemeanor level charge). Some co-payment may be required. You should apply for a public defender as soon as possible, by contacting Olmsted County Court Administration at 507-722-7264 or you may pick up an application on the 4th floor of the Olmsted County Government Center.
I do not have an attorney. Can a lawyer from the City Attorney's Office help me?
Attorneys from this office cannot give legal advice to citizens or defendant's calling with legal questions. You have the right to consult with a private attorney or apply for a public defender.
Contact Us
Connect with City Services
Whether you have a question, need to report a concern or aren’t sure which department to contact, 311 connects you with the right team quickly and efficiently.