Legal Question in Criminal Law in Minnesota

Re: 3rd degree burglary

IF you're using an alibi as your defense, it is probably somewhat unlikely that the charges will be dismissed prior to some type of contested hearing or an actual trial. It may help for your attorney - if you have one - to get a statement from your alibi that he or she can then use in negotiating your case with the prosecutor, but it is still unlikely that this will result in a dismissal.

If you have been charged of this offense and are asserting the defense of an alibi, the most likely way to avoid a conviction is to prevail at trial. If you would like to further discuss your situation, please feel free to contact me at 651.222.6603 or visit www.arechigo-stokka.com.

Re: 3rd degree burglary

It's unusual for criminal charges to be dropped before a contested evidentiary hearing or trial. The best thing you could do is retain a good lawyer. Your lawyer may be able to help you get the charges dismissed, or otherwise favorably resolved. Innocent people should avoid pleading guilty. A good lawyer is essential.

www.Liberty-Lawyer.com

Re: 3rd degree burglary

First, it is not such a simple matter as providing an alibi defense and the charges are dropped. It would be nice if it was that simple. Often motions are brought, but in many cases, it is an issue that is determnined at trial. You see, any issues of credibility are made by the finder of fact. That means, if you say you were across town when the offense occurred, and there is some evidence that contradicts that, the determination as to who to believe is made by the jury after a trial.

Second, you most certainly should provide the prosecutor notice of your alibi defense. In most instances, your attorney would acquire a statement from any witnessesd who could back up your alibi claim. Those statements would be shown to the prosecutor as part of negotiations. if agreements cannot be reached, a Motion is often filed to challenge the probable cause for the charges. this is done at an Omnibus hearing, after which, the Judge makes a determination as to whether there is enough evidence for the case to proceed to trial.

You should have an aggressive attorney since the felony charges are extremely serious. They carry with them a potential for jail time and a conviction can and likely will, have a significant impact on your future including employability and loss of certain civil rights.

For a consultation call 612.240.8005