Monday, November 21, 2011
Minnesota Charges - Dismissed (Explained)
As an experienced Minnesota Criminal Defense Attorney, the one outcome more than any other that brings me and my clients the greatest joy is having their charges dismissed or significantly reduced.
Believe it or not this does happen, in one way or another in court rooms throughout the state - everyday. There are many possible options—some quite complicated—to get the charges against you reduced or taken off the table entirely. But the process of doing that starts with one simple step: getting a savvy, aggressive Minnesota Criminal Defense Attorney on your side, right away, who will fight for the best possible outcome.
What to Look Out For
First and foremost, I would caution anyone to be wary of lawyers who quickly promise to get your case dismissed. Sometimes, that the reduction or dismissal of charges is just not possible.
While it is always my number one priority to work to get the charges against my clients dismissed, the best (and often the only) way for that to be done is to thoroughly explore the circumstances of your case before making any determination as to the possibility of dismissal.
No Minnesota Criminal Defense Attorney can promise you a certain outcome for your case; however, what I can promise you is tough, aggressive lawyer who will look into every option to get you the best results for your case.
How Criminal Charges Get Dismissed
Ultimately, there is only one person who dismiss the charges against you - the judge. Often individuals mistakenly believe that if only the person who originally pressed charges his or her mind the case will just go away. That is just not true. In reality, once the government's attorneys take the case, the decision to continue with it is in their hands.
Ways to Get Your Minnesota Charges Dismissed
Essentially, there are two ways to get Minnesota criminal charges dismissed or discharged:
1. Where the government can't prove guilt beyond a reasonable doubt.
In these cases, often there's was something legally wrong with: (a.) the accusations, or (b.) the process of arrest and investigation. Many times, charges can be dismissed if there is not enough evidence to sustain the charges or the defendant has not been arrested within the legal process of the law (for example, where the defendants are interrogated after they stated they were invoking their 5th Amendment right to remain silent) or if evidence was gathered in violation of the offender's constitutional rights. For any of these reasons, cases can dismissed. One other way charges are often dismissed is when the alleged victim of the "crime" refuses to cooperate with the government.
2. Where the government can prove guilt beyond a reasonable doubt.
An odd situation to be sure, but in these cases - even if the judge decides that the defendant is in fact, guilty of the charges - sometimes the nature of the charges and/or the criminal history of the defendant indicates that the case should not go forward. Often this is done under circumstances such as when the offense charged low level misdemeanor and/or if the defendant has a clean (or even mild) criminal record. At this point, an agreement can be reached where the judge may decide to dismiss the allegations or offer some type of alternative sentencing. Alternative sentencing can come in a variety of forms, including fines, community service, probation, etc.
What Should You Do?
My approach to handling my client's cases is to be persistent and to diligently work toward getting them the outcome they desire - ie., getting their case dismissed if at all possible. To do that, I explore all options; I gather all necessary information regarding your arrest and the investigation by law enforcement agencies; and I consider the circumstances of the charges in your case, as well as your previous criminal history. Then, and only then, do I move forward with the options for dismissal available in your criminal case.
Since dismissals can occur anytime after the arrest (and often they happen later rather than sooner,) I never lose sight of that option throughout the proceedings. In that time, I'll work to negotiate throughout your case with the goal of getting the charges against you discharged.
If you (or someone you love) thinks that they need a lawyer, you probably need a lawyer. Call the Rolloff Law Office today and schedule a no-cost, no obligation consultation - today.