Legal Question in Criminal Law in Minnesota

If the prosecution has no witnesses or other evidence at the time of the trial, the defense may move the court for dismissal for failure to prosecute. The prosecution may move for a continuance. The defense may oppose their request for a continuance or delay.

There can be a number of hearings in any case. A police officer need not appear until his /her testimony is necessary. Certainly a case may be dismissed if the matter is set for trial and a critical witness fails to appear to provide testimony.

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