Are you confident your Minnesota “unable-to-recall” guilty pleas would survive appellate review?
A Norgaard plea applies when a defendant wants to plead guilty (often for a plea bargain) but can’t recall the events due to intoxication or amnesia—and unlike an Alford plea, the defendant is not claiming innocence.
In this Martine Law Training Update, I break the procedure down into a practical three-step checklist and provide a ready-to-use in-court script that tracks the Norgaard Addendum (Rule 15, Appendix H)—so judges, prosecutors, and defense attorneys can make a complete record in real time.
👉 Click below for a print-ready copy of Training Update #25-12 (and keep the in-court script handy for your next plea hearing). Martine Law Training Update #25-12
Attached is our newest Martine Law Training Update, titled: “WARRANTLESS ARRESTS & DETENTIONS: 36 & 48 Hour Rules”
This update focuses on one of the most fundamental — and often misunderstood — aspects of criminal procedure: Minnesota’s 36- and 48-hour rules following an adult defendant’s arrest and continued detention. These rules are not technicalities; they are core constitutional safeguards that every judge and attorney should be able to calculate confidently and explain clearly to clients, law enforcement, and judicial officers.
This update is designed as a “Quick Attorney Reference Guide” and breaks the topic down into three practical questions:
(1) What is the 36-hour rule, and how is the time computed for warrantless arrests vs. arrests on a complaint/warrant?
(2) What is the 48-hour rule under County of Riverside v. McLaughlin and Minn. R. Crim. P. 4.03, and how does it interact with the 36-hour rule?
(3) What are the potential remedies when either rule is violated, including how the Wiberg factors and burdens of proof apply?
To help attorneys quickly calculate the 36- and 48-hour timeframes, this update includes easy-to-read visual charts that walk through real-world arrest scenarios day by day, making the 36- and 48-hour timing questions easy to see at a glance.
My hope is that you will review the attached update, print it or save it where you can reach it quickly, and consider sharing it with colleagues who handle bail, first appearances, or omnibus issues. A solid grasp of the 36- and 48-hour rules not only protects defendants’ rights but also helps judges and practitioners avoid potential violations that can derail otherwise strong cases.
As always, I welcome your comments, questions, and suggestions for future topics.
Special Thanks to Martine Law attorneys Tyler Martin, Abbey Rostamo, Kalen Best, Jude Jaber, Lizzy Cavanaugh, and Bruno Netto for generously contributing their insight and expertise to this update.
Martine Law Training Updates will continue to focus on key areas of litigation, including Criminal and Family Law, Evidence and Procedure, and Trial Advocacy. With a subscriber base of more than 4,000 attorneys, judges, and legal professionals, these updates reflect our firm’s commitment to the belief that Legal Education is the Heart of the Judiciary.
Warm regards, Alan F. Pendleton Of Counsel, Martine Law Firm Director of Mentorship and Education Former District Court Judge
Message From Site Manager Alan Pendleton (former district court judge)
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