Saint Paul, MN asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Minnesota

Q: Is there any possible way to get a new prosecutor and judge? Is there any way to reopen omnibus or restart a case?

Many mistakes were made in this case. By my lawyer and the judge. My lawyer failed to be prepared for the Rasmussen hearing. He never attempted to do any research into the case and facts. The case is entirely based around a vioation of both the 4th amendment and article 1 section 10 mn constitution. My lawyer failed to focus on key details. He appeared to have no substantial knowledge of the happenings. While one of the key details was briefly touched on in the testomony of the arresting officer, the prosecution and the judge completely ignored it and gave their own false version of things. The prosecution has still not offered a reasonable deal, with consideration to no prior crim. history, nor to the facts of the case. The entire case is founded on speculation of a witness that witnessed nothing illegal happen. The call was about vehicles, i was on foot walking. The officer lied of location and assoc, my lawyer failed to use squad cam video to show this. I have official doc to prove.

1 Lawyer Answer
Thomas C Gallagher
Thomas C Gallagher
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: Reading that description, it sounds like you may want to replace your lawyer. If you do, your new lawyer may be able to ask for another Contested Omnibus Hearing. That would be an unusual request, and would need to have strong reasons to have a chance. But a new lawyer would have better chance to do it again, or raise similar issues in a different context. The defendant cannot influence who the prosecutor is, but can remove one judge without cause if done soon after learning which judge is assigned. The defendant cannot remove a judge after that or if the judge has ruled on anything except for cause. A defendant can ask that the judge who presided over the Contested Omnibus Hearing, not preside over the trial.

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