Minnesota Order of Dismissal
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FAQ
Rule 30. The prosecutor may dismiss a complaint or tab charge without the court's approval, and may dismiss an indictment with the court's approval. The prosecutor must state the reasons for the dismissal in writing or on the record. In felony cases, if the dismissal is on the record, it must be transcribed and filed.
41.02Involuntary Dismissal; Effect Thereof (a) The court may upon its own initiative, or upon motion of a party, and upon such notice as it may prescribe, dismiss an action or claim for failure to prosecute or to comply with these rules or any order of the court.
Dismissal in the interest of justice allows a court to dis- miss a procedurally proper, but unjust or unjustifiable, cause of action.
Because the prosecutor filed the charge, they also have the discretion to dismiss it if they believe the facts and circumstances warrant it. Likewise, a judge can dismiss the case if they find no legal basis for the charge, if the defendant's rights have been violated, or if the state has failed to prove its case.
Dismissal in the interest of justice allows a court to dismiss a procedurally proper, but unjust or unjustifiable, cause of action. Thus, dismissing cases in the interest of justice can provide a check where few exist for overzealous prosecutions, race-based patrolling, and overuse of ?three strikes? laws.
A continuance for a dismissal is an agreement between the prosecutor and defendant to cease further prosecution for a period of time, during which the defendant must abide by certain conditions. Upon doing so, the case will be administratively dismissed.
