Minnesota Motion to Dismiss Counts of Indictment

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Multi-State
Control #:
US-02616BG
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Description

Upon motion of a defendant the court may dismiss an indictment in any of the following circumstances:


" When the names of the witnesses are not inserted at the foot of the indictment or information or endorsed thereon;

" When more than one offense is charged in a single count;

" When it does not describe a public offense;

" When it contains matter which, if true, would constitute a legal justification or excuse of the offense charged, or other bar to the prosecution;

" When the grand jury which filed the indictment had no legal authority to inquire into the offense charged because it was not within the jurisdiction of the grand jury or because the court was without jurisdiction of the offense charged; and

" When an improper person was permitted to be present during the session of the grand jury while the charge embraced in the indictment was under consideration.


The above is not an exhaustive list.

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FAQ

Rule 27.01Conditions of Release After conviction but before sentencing, the court may continue or alter the terms of release, or the court may confine the defendant. The factors in Rule 6.02, subds. 1 and 2 apply, but the defendant bears the burden of showing the defendant will not flee and is not a danger to others.

Dismissal in the interest of justice allows a court to dis- miss a procedurally proper, but unjust or unjustifiable, cause of action.

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.

Rule 30. After service of the summons, any party may take the testimony of any person, including a party, by deposition upon oral examination.

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.

63.03Notice to Remove Any party or attorney may make and serve on the opposing party and file with the administrator a notice to remove.

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.

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.

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Minnesota Motion to Dismiss Counts of Indictment