Legal Question in Criminal Law in Minnesota
I wrote a bad check in 2006, I recently just a court date about the check, i then paid it off and the business is fine with everything and wants to drop the charges but the courts wount because a complaint has already been filed. When I go to court is there anything I need to worry about or is it just procedure to have court? I do not think the business will be there because they are out of state. What is going to happen at the court apperance?
2 Answers from Attorneys
Whether to drop the case is not the business's decision. It's not the court's decision either. It's up to the prosecutor. You should get a lawyer to represent you before you go to court; if you can't afford one, you should request a public defender.
Only the prosecutor can dismiss the criminal charge as a discretionary decision. You would be wise to retain a criminal lawyer. I would suggest a goal of trying to keep your record as clean as possible, by getting a result that does not result in a conviction and does not require a guilty plea. If you can get a result like that, the case would qualify for an expungement motion under Minnesota Statutes Chapter 609A. See:
http://www.liberty-lawyer.com/theftandpropertycrimes.html
http://www.liberty-lawyer.com/expungement.html
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