“I want this case against me dismissed.” “Okay, we will try!”
Criminal cases in Minnesota necessitate that before a person can be charged with a crime (“defendant”), probable cause must first be demonstrated by the prosecutor on behalf of the state.
In this specific context, probable cause is a legal standard that refers to the reasonable belief, based on facts that can be articulated, that is required to arrest and/or prosecute a person in criminal court. In Minnesota, the facts establishing probable cause to believe that an offense has been committed, and that the person being charged committed it, must be submitted under oath, either orally or in writing, or signed under penalty of perjury. If probable cause is not demonstrated, the case against the charged individual must be dismissed.
The requirement of probable cause is a protection within the criminal legal system which exists to prevent prosecution of individuals of any suspected crime without proper reason. Probable cause must necessarily exist to charge a person with any given crime. Probable cause can be established only through sufficiently detailed facts or underlying circumstances which create the basis for a probable cause determination. In other words, the complaint must provide enough “evidence” demonstrating a reasonable belief that the offense was committed, and that the defendant committed it.
When an individual is charged with a crime, the criminal complaint must contain facts which indicate a finding of probable cause that the charged crime has been committed.
A criminal complaint is a document that outlines the formal charges against an individual accused of committing a crime. In Minnesota, a criminal complaint must contain the following information:
– The name of the defendant
– The date and location of the alleged offense
– A statement of the essential facts constituting the offense charged
– A statement that the defendant committed the offense charged
If a criminal complaint does not include the information above and fails to properly demonstrate the necessary showing of probable cause, the defendant may challenge the validity of the complaint. This can be accomplished through counsel, by filing a motion to dismiss the case for lack of probable cause.
In Minnesota, a criminal complaint can be dismissed for lack of probable cause, if the defendant can show that there is no probable cause to believe that the defendant has committed an offense. Rule 11.02 of the Minnesota Rules of Criminal Procedure specifically permits a motion to dismiss a complaint for lack of probable cause. In determining whether to dismiss a complaint under Rule 11.04 (Minn. R. Crim. P.) for lack of probable cause, under State v. Florence, 306 Minn. 442, 446 (1976), the trial court must determine, based upon the facts disclosed by the record, whether it is fair and reasonable to require the defendant to stand trial for the given criminal charge.
Minneapolis criminal defense lawyer Lauren Campoli believes in the power of a well-reasoned, legally supported, Motion to Dismiss!
In the case of a recent client at Campoli Law, we filed a motion to dismiss the charges brought against the client, based on lack of probable cause for the State to charge the client with domestic assault. The complaint, which charged our client with gross misdemeanor domestic assault, pursuant to Minn. Stat. § 609.2242 Subdivision 2, failed to meet the necessary requirements demonstrating the existence of probable cause to charge our client. The allegations against our client were not based on any evidence. In fact, although the complaint contained evidence of an injury to the alleged victim, there was no evidence tying the injury to any action(s) committed by our client. There was no proof, beyond conclusory statements, that our client ever committed an act of domestic assault. Finally, our client denies the allegations which were made against her. Based on this collective information, we filed a motion to dismiss the charge against our client, to protect our client’s right to be free from harmful allegations and improperly initiated litigation.
If you are charged with a crime, first you will need to find an attorney. Then, if there is reason to believe that the State has improperly charged you, without probable cause, filing a motion to dismiss may be the next step in your line of defense. Motions for dismissal are an under-utilized resource in the litigation process, but when properly written and effectively argued, they can be very effective tools in your case. It is important that you ensure the motion has a proper basis and the underlying facts to support it, so be sure to follow the guidance of a criminal defense expert.
At Campoli Law, criminal law specialist Lauren will look through all the information in your case and determine the best way to proceed. Often, Lauren meets with new clients, who tell her, “I want my case dismissed.” Whenever possible under the circumstances, Lauren responds with, “Okay, we will try!” When you come to The Law Office of Lauren Campoli for legal assistance, you will be met with fearless, client-centered advocacy, which is exactly what you need when your freedom and future is on the line.