Legal Question in Criminal Law in Minnesota
When prosecutor dismissed charges in the interests of justice pursuant to rule 30.01 do they have to state with or without prejudice? Does the judge have to finalize the dismissal or is it just closed? Also, am I still required to pay the court appointed attorney fees for the case? Can the status of the case be under court juristiction until the fees are paid?
1 Answer from Attorneys
In general, criminal cases are not dismissed "with prejudice," at the time of dismissal. I've never seen a prosecutor Notice of Dismissal say "with prejudice." In Minnesota, a judge does not normally sign off on a prosecutor's dismissal of their criminal charges. Rather, court administration will simply note in the courts records that the charge was dismissed (in favor of the defendant). If the court has ordered payment, I would expect that order to continue after the charge was dismissed - unless the judge were change that order. I'd suggest calling your lawyer about the issue.
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