Why Won’t the Prosecutor Dismiss my Case?
This is an ago-old question. I sat down with a client 6 months ago in my office here in Minnesota and heard what happened to him and how he was charged with Felony Domestic Assault by Strangulation. I then read the complaint and started scratching my head. Why was this case even charged? If you are facing charges in Ramsey County, Hennepin County, Washington County, Dakota County or anywhere else in Minnesota, make sure you consult with an experienced Minnesota criminal defense attorney.
“What do you do if you know that you didn’t do this thing and its clear and the prosecutor simply won’t listen?”
As a former prosecutor and a criminal defense attorney for a quarter of a century, I had some experience and a basis for asking this question. This week, after six months, many court appearances, evidentiary fights, we were getting ready to pick a jury of twelve to try this case. With a couple hours before the trial was about to begin, after multiple efforts to make the prosecutor understand this, the prosecutor finally dismissed the case. It was over, case dismissed. A win? Yes. Easy. You have no idea.
How much Discretion do Prosecutors Really Have?
Prosecutors do have discretion to dismiss criminal cases but may not choose to do so for a lot of different reasons. Some of these reasons include:
Pressure from Complaining Witnesses: Sometimes, a witness, sometimes they call themselves victims will drive the prosecutor to behave a certain way.
No Discretion: The prosecutor may have little to no discretion from their boss to dismiss. This means it falls into the hands of the Court. Questions of fact will always complicate this and Judges will leave it to a jury.
Political and Policy Considerations: Sometimes, prosecutors are under pressure from the community to be more aggressive and hardline with certain kinds of cases. This is also sometimes done to make a point to potential offenders.
Plea Bargaining: Some prosecutors will use prosecution as a negotiating tool to agree to lesser charges rather than to an out-and-out dismissal.
Overwhelmed Prosecutors: Sometimes, it isn’t nefarious. Prosecutors can get buried too and then don’t have time to dig into their cases until they get close to trial. As a result, they won’t know about the quality of their cases, or lack thereof. This doesn’t help.
Disagreement: If the prosecutor honestly believes that they have enough evidence to prosecute. This may include statements, a operating complaining witness or other forensics to support this argument.
The problem in the end is that no matter what the reason is, the charges remain very real with all of the ramifications that come with them. So, you end up having to fight them like they are going to trial, because they very well might. I have had it happen to me far more than once.
“With a couple hours before the trial was about to begin, after multiple efforts to make the prosecutor understand this, the prosecutor finally dismissed the case. It was over, case dismissed. A win? Yes. Easy. You have no idea.”
If you are facing criminal charges in Minnesota, you may think that your charges should be dismissed outright, and you might very well be correct. The problem is, it rarely happens this way. It is usually a fight, a slog. However, and this is important, the fight matters and it is absolutely worth it. Having an experienced Minnesota criminal defense attorney by your side could very well make all of the difference.
Jack Rice is a nationally known and respected criminal defense attorney. He is a former prosevutor, former CIA Officer and a Board Certified Criminal Law Specialist. He is also the Founder of Jack Rice Defense, a boutique criminal defense firm based in St. Paul, Minnesota. Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339. Jack’s got your back.