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?


Asked on 12/05/10, 6:48 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

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.

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Answered on 12/10/10, 7:42 pm
Thomas C. Gallagher Gallagher Criminal Defense

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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Answered on 12/11/10, 9:12 am


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