Yes, Criminal Charges Can Be Dismissed in Minnesota
One of the most common questions people ask after being arrested is whether their criminal charges can be dismissed. The answer is yes — and it happens more often than most people realize. In Minnesota, charges are dismissed for a variety of legal and procedural reasons, from constitutional violations to insufficient evidence.
This guide explains the most common reasons charges get dismissed, what the process looks like, and what you can do to improve your chances of a favorable outcome.
Common Reasons Criminal Charges Are Dismissed in Minnesota
1. Illegal Search and Seizure (4th Amendment Violations)
The Fourth Amendment protects you from unreasonable searches and seizures. If police searched your home, vehicle, or person without a valid warrant, probable cause, or your consent, any evidence obtained may be suppressed. Without that evidence, the prosecution often cannot proceed, and the charges are dismissed.
Examples: Traffic stops without reasonable suspicion, warrantless home entries, searching a vehicle without probable cause or consent.
2. Insufficient Evidence
The prosecution must prove every element of the crime beyond a reasonable doubt. If the evidence is weak — unreliable witnesses, lack of physical evidence, or contradictory statements — a skilled defense attorney can file a motion to dismiss or win at trial.
3. Violation of Your Right to a Speedy Trial
Under Minnesota Rule of Criminal Procedure 11.09, misdemeanor cases must go to trial within 60 days of the demand, and felony cases within 60 days of the omnibus hearing. If the state fails to meet these deadlines, the charges may be dismissed with prejudice (meaning they cannot be refiled).
4. Miranda Rights Violations
If you were interrogated without being read your Miranda rights (right to remain silent, right to an attorney), any statements you made may be inadmissible. If those statements are central to the prosecution’s case, dismissal may follow.
5. Witness Credibility Issues
If the prosecution’s key witness recants, is proven unreliable, or has a motive to lie, the case may collapse. This is particularly common in domestic assault cases where the alleged victim later recants.
6. Completion of Diversion or Continuance Programs
Minnesota offers pretrial diversion programs for certain first-time offenders. If you successfully complete the program (community service, treatment, etc.), the charges are dismissed. This is common for low-level drug offenses and some misdemeanors.
7. Procedural Errors by Law Enforcement
Errors in how evidence was collected, stored, or processed can lead to dismissal. This includes broken chain of custody, improperly calibrated breath testing equipment, or failure to preserve video evidence.
The Dismissal Process in Minnesota
Dismissal can happen at several stages:
- Before charges are filed: Your attorney contacts the prosecutor and presents reasons not to charge.
- At the omnibus hearing: Your attorney files motions to suppress evidence or dismiss.
- Before trial: Plea negotiations may result in dismissal of some or all charges.
- At trial: A not-guilty verdict effectively dismisses the charges.
- Post-conviction: Appeals or post-conviction relief can overturn convictions.
What You Can Do to Improve Your Chances
- Hire an attorney immediately — the earlier legal counsel is involved, the more options are available
- Do not speak to police without a lawyer — anything you say can be used against you
- Document everything — write down what happened while your memory is fresh
- Follow all court orders — showing compliance demonstrates good faith
- Stay out of trouble — new arrests while a case is pending severely hurt your position
Types of Cases Most Commonly Dismissed
While any criminal charge can potentially be dismissed, certain types have higher dismissal rates in Minnesota:
- Domestic assault (victim recantation, self-defense)
- Drug possession (illegal search issues)
- DWI (testing procedure errors, invalid stops)
- Juvenile offenses (diversion programs)
- Theft and shoplifting (restitution agreements)
Contact a Minneapolis Criminal Defense Attorney
If you are facing criminal charges in Minnesota, do not assume a conviction is inevitable. Attorney Barry Hogen has over 34 years of experience identifying weaknesses in the prosecution’s case and fighting for dismissals. Contact us today for a free consultation to discuss your options.
