Minnesota Motion to Dismiss Criminal Charges for Failure to Notice and Grant Show Cause Hearing

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Description

Show-cause hearings occur when the alleged victim of a crime or the police files an Application for a Criminal Complaint with the court. After an application has been filed, the court will send the defendant a notice in the mail requesting him or her to appear before a clerk-magistrate in a criminal show-cause hearing. At a show-cause hearing, the complaining party must produce evidence demonstrating "probable cause" that the defendant committed the crime. The hearing has three possible outcomes: 1) the complaint is dismissed; 2) the complaint is issued, or 3) the complaint is continued.


If the complaining party fails to show probable cause, the complaint will be dismissed. This means that no charges will be filed against the defendant and neither the application nor the hearing outcome will appear on the defendants criminal record.


If probable cause is shown, the clerk-magistrate may decide that the complaint be issued. If the complaint is issued, the defendant will be arraigned in the district court. At arraignment the defendant will be formally charged with a crime and may be provided court-appointed counsel if he or she is financially eligible. Issuance of the complaint is not a determination of guilt or

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FAQ

Rule 7.01Notice of Omnibus Issues (c) In misdemeanor cases, notice must be given either in writing or orally on the record in court on or before the date set for the defendant's pretrial conference, if one is scheduled, or seven days before trial if no pretrial conference is held.

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.

Rule 11 of the Minnesota Rules of Criminal Procedure says exactly what an omnibus hearing is in MN. An omnibus hearing is also called a pretrial hearing or pretrial conference. In short, at an omnibus hearing, the court addresses several issues depending on the charges before the court.

Rule 11 of the Minnesota Rules of Criminal Procedure says exactly what an omnibus hearing is in MN. An omnibus hearing is also called a pretrial hearing or pretrial conference. In short, at an omnibus hearing, the court addresses several issues depending on the charges before the court.

If the witness is not testifying as an expert, the witness' testimony in the form of opinions or inferences is limited to those opinions or inferences which are (a) rationally based on the perception of the witness; (b) helpful to a clear understanding of the witness' testimony or the determination of a fact in issue; ...

Rule 30.01By Prosecutor 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.

Pursuant to Minnesota Rules of Criminal Procedure (20.01 and 20.02), Rule 20 evaluations occur in criminal cases when there is a belief that a defendant may not be competent to proceed with the case or was not responsible at the time of the alleged offense because of mental illness or developmental disability.

12.01When Presented Defendant shall serve an answer within 21 days after service of the summons upon that defendant unless the court directs otherwise pursuant to Rule 4.043.

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Minnesota Motion to Dismiss Criminal Charges for Failure to Notice and Grant Show Cause Hearing