Legal Question in Criminal Law in Minnesota

Re: prosecution filing appeal

Yes, it is not uncommon for the prosecutor to propose a deal involving their agreement not to file an appeal, in return for something else. Of course, one must weigh all considerations in the case to determine whether a deal is worth making.

It is difficult to know what the chance would be of the MN Court of appeals reversing the trial court's decision. The majority of appeals fail, but many do succeed. Your lawyer is in the best position to advise you on these questions, with knowledge of the facts and law related to the particular case. Typically conditions of pretrial release limit the right to travel. Though it is often possible to get travel authorized by the court, it is a bad idea to travel without such authorization.

Re: prosecution filing appeal

The previous answer by Mr. Jesperson sums up the situation. Without more information a more detailed answer is not possible. Listen to your lawyer, he is in the best position to advise you.

Re: prosecution filing appeal

Thank you for your question. Without many more facts and details, I cannot comment on your question, except in the most general way, as noted below.

First, as to the plea negotiation: It is not at all uncommon for the prosecution to ask for a plea agreement in exchange for a dismissal of its appeal. Whether or not their offer is reasonable depends on a careful review of the facts and the trial court order. Even if you provide more details in an email, it is not really possible to evaluate this issue without seeing your file -- the police reports, the motion to dismiss, the trial court order, any legal memos that may have been filed, etc. You should discuss this issue with your lawyer.

Second, it is true that the conditions of your pretrial release may remain in effect until the appeal is resolved. I cannot comment on your specific questions (whether you can travel without consequences, etc.) without knowning more about the conditions of of your release, and about any subsequent court orders. It is important that you review this issue with your lawyer before leaving the state.

Good luck.