Middle River, MN asked in Criminal Law for Minnesota

Q: If a case is dismissed by the Prosecutor, then they re-open immediately with a complaint, is all previous info in invald

Case was dismissed because Defendant wanted a complaint. Case was re-opened same day as dismissed with same case number and clerk says it was never really dismissed. There is a Motion to Dismiss that was not officially "heard" will that have to be re-submitted?

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3 Lawyer Answers
Jonathan Matthew Holson
Jonathan Matthew Holson
Answered
  • Criminal Law Lawyer
  • Rogers, MN
  • Licensed in Minnesota

A: You don’t indicate in this question what the basis was for the motion to dismiss. So it depends whether the motion is still applicable given the change in circumstances.

1 user found this answer helpful

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

A: The question is unclear. But generally prosecutors have the power to recharge a dismissed case, prior to trial.

1 user found this answer helpful

William Bailey
William Bailey
Answered
  • Criminal Law Lawyer
  • Bloomington, MN
  • Licensed in Minnesota

A: I would need to take a look at the court documents to ensure that I understand the entire situation, but as a general rule, a prosecutor can usually re-charge a case that they have previously dismissed. You should have a lawyer assist you in fighting your case.

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