How Do I Get My Minnesota Criminal Case Dismissed?
It may be because you received a ticket from a police officer that you learned that you have been charged with a crime. Maybe it is a result from a summons that you find out that you have been charged with a crime and must appear in court. The worst way to learn that you have been charged in Minnesota is when you have been arrested and held until you appear in court to answer for charges and learn about the charges along with bail amounts and, if you are lucky, conditions of release. All that being said, how do you get your criminal case dismissed?
“In Minnesota, it is usually called a 30.01 Dismissal in the interest of justice. If you are charged with a crime, you want this. This is a win.”
How Do You Get Your Criminal Case Dismissed?
There are many ways to handle criminal cases. As importantly, there are some cases that you can’t simply get dismissed. At the same time, there are several ways to get a criminal case dismissed. While this list is not complete, it may include:
A prosecutor can dismiss a case on their own accord for a variety of reasons. This can happen at any point from the beginning of the case all the way up through trial;
A prosecutor can dismiss after an experienced defense attorney files a motion with the court to have the case dismissed because their is insufficient evidence to establish that a crime was committed and the prosecutor chooses to dismiss rather than argue the case in front of the court (because they knew they were wrong).;
If the prosecutor still refuses to dismiss the case, an experienced criminal defense attorney can argue the law and the facts to the court to establish that the case should be dismissed for a lack of probable cause;
An experienced criminal defense attorney contests admissibility of certain pieces of evidence that should be inadmissible. Success in these efforts would result in the suppression of evidence which may then result in the inability of the prosecutor to successfully prosecute because of a lack of probable cause;
An experienced criminal defense attorney can fight the case up to and even into trial. It is possible that certain evidence is not admitted at trial which would force the prosecutor to dismiss or the Court can determine that there is insufficient grounds to convict Again, this has to do with a lack of probable cause.
“Case dismissals are not easy and prosecutors don’t generally do them unless they are forced into a corner. So, sometimes you have to force them.”
While the list is not exhaustive, note that four out of five reasons for case dismissals involve an experienced criminal defense attorney. Case dismissals are not easy, not always successful and prosecutors don’t generally do them unless they are forced into a corner. Therefore, having an experienced defense attorney at your side who can look at your case to determine if grounds exist for a motion to dismiss is absolutely critical. Even if you are unsuccessful in a motion to dismiss, this doesn’t mean that you don’t have the ability to hold the state to the standard of proving their case. Again, this is where an experienced criminal defense attorney and even a Board Certified Criminal Law Specialist would be extraordinarily helpful.
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Jack Rice is a Board Certified Criminal Law Specialist, former prosecutor, former CIA Officer and Founder of Jack Rice Defense. Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339. Jack's got your back.