Prosecution Dismissal of Criminal Complaint
The best way to resolve a criminal charge is a complete dismissal of criminal complaint, in Minnesota, Rule of Criminal Procedure 30.01.
The best way to resolve a criminal charge—short of not ever being charged with a crime at all—is a complete dismissal of the charging document called a “Complaint.” Prosecutors have a solemn duty to only bring forward criminal charges to trial that they are convinced there is sufficient admissible evidence to meet their burden to prove their case to the highest burden in law, proof beyond a reasonable doubt. The reality of the State Court system is that many criminal complaints are filed before there is a full vetting of potential witnesses and facts. One reason for this is that it only requires “probable cause” that the accused person committed the crime in order to file a criminal complaint against the accused.
Between the time of the criminal complaint charging the accused and the trial, it is critical that all the potential facts, evidence and context of a particular allegation are fully vetted. It is not uncommon for new witnesses or evidence to emerge or for witnesses to change their story between the time of the charge filing and the time of trial. In this age of electronic communication and video everywhere, it is very common for additional statements or evidence to emerge after a criminal complaint has already been filed against the accused. Defense lawyers must be vigilant to not just accept what the prosecution provides as evidence, but to uncover and present evidence or context that may materially change the view of the prosecution on their case. Furthermore, the prosecution has an ethical duty to reevaluate the evidence and context of that evidence as they proceed from the point of charging the accused to the point of taking the accused to trial. When the prosecution becomes convinced that either the new landscape of their case or the interest of justice requires that they dismiss the complaint, there is a legal mechanism in Minnesota for dismissal. Minnesota Rule of Criminal Procedure 30.01 states:
RULE 30. DISMISSAL
The prosecutor may dismiss a complaint or tab charge without the court’s approval, and may dismiss an indictment with the court’s approval. The prosecutor must state the reasons for the dismissal in writing or on the record. In felony cases, if the dismissal is on the record, it must be transcribed and filed.
Two recent examples secured by attorney Patrick Cotter include dismissal of a Complaint Charging his client with four Counts of Criminal Sexual Conduct (Rape) just prior to trial, and dismissal of false allegation of Financial Exploitation of a Vulnerable Adult.
Charges Dismissed Before Trial — Four Counts of Criminal Sexual Conduct
Patrick’s male college student client was falsely accused of raping a fellow student at his apartment. The complaint was filed based on the account of the complaining accuser. Patrick undertook a much more thorough investigation hiring a former law enforcement investigator with over 30 years of experience to review the case. Patrick uncovered additional cell phone video evidence that directly contradicted the accuser’s account of what happened in quite explicit fashion. The prosecutor still attempted to prosecute this young man and waited to until the case was at the brink of trial to file a 30.01 notice of dismissal in the interest of justice.
Charges Dismissed Before Trial — Financial Exploitation of a Vulnerable Adult
Patrick’s client was investigated and charged with exploiting her father out of tens of thousands of dollars of his money. The investigation conducted by a local detective was biased from the beginning. The detective ignored clear alternative hypotheses and failed to interview key witnesses. The investigation was clearly biased with the end goal of charging Patrick’s client. Patrick hired a former federal law enforcement officer to conduct a much more thorough investigation. Patrick’s investigation revealed clear flaws in the State’s case, and showed the bias of the State detective. Shortly before a contested evidentiary hearing, the prosecutor filed a 30.01 dismissed all criminal charges against Patrick’s client.
The attorneys at Sieben and Cotter have a strong track record of success in securing Rule 30.01 dismissal of criminal complaints for their clients. Call Sieben & Cotter at 651-455-1555 to arrange your free and comprehensive consultation, or send a request for more information.