Continuance for Dismissal in Minnesota: What to Know Before You Agree
A continuance for dismissal can end a Minnesota criminal case without a conviction, but it is a negotiated agreement with real conditions attached. Here is what matters most before you sign one.
- No guilty plea is entered. The agreement suspends prosecution rather than resolving your case by conviction, which is what separates it from nearly every other negotiated outcome.
- The length is capped by rule. Under Rule 27.05 of the Minnesota Rules of Criminal Procedure, the suspension cannot run longer than the probation a judge could have imposed after a conviction, and the prosecutor, any alleged victim, and the judge each have a role in approving it.
- Full compliance closes the case for good. Meet every condition and the court dismisses the charge automatically when the period ends, the state cannot revive it, and expungement can then be pursued.
- A violation puts you back on the trial list. If the conditions are broken, prosecution resumes on the original charge and its penalties, which is exactly why the terms you accept at the outset carry so much weight.
A continuance for dismissal (sometimes known as a “continuance without a plea” or an “agreement to suspend prosecution”) is perhaps the best resolution to a criminal case besides outright dismissal or an acquittal. A continuance for dismissal is an agreement between the defendant and the prosecutor.
The police and prosecution are not the same entity, even if they work together to bring charges in many instances. Police investigate alleged crimes and attempt to develop probable cause to arrest someone or to charge someone. The state prosecutors take over once a criminal case enters the court system.
Prosecutors are sworn to uphold the ends of justice. In theory, they have the obligation to deliver a just result in every case. Through proper investigation, it is possible to convince a prosecutor that a conviction may not be necessary. Instead, agreeing to a continuance for dismissal can be the best option for the person accused of a crime.
Receiving the benefit of a continuance for dismissal is a very good outcome for a criminal case. However, prosecutors do not give them out in every case. Having a tough, experienced, and savvy criminal defense lawyer negotiate a continuance for dismissal in MN on your behalf could increase the likelihood the prosecution will agree to one.
At Arechigo & Stokka, our award-winning criminal defense lawyers know the system well. Relying on their strong rapport and sterling reputation, Arechigo & Stokka criminal defense lawyers will work tirelessly for a favorable outcome, such as a continuance for dismissal, in your case.
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Schedule A Free ConsultationHow Does a Continuance for Dismissal in MN Work?
Minnesota law gives prosecutors the authority to charge people with crimes and recommend an outcome to the court. This is called “prosecutorial discretion.” Prosecutorial discretion gives the state’s attorneys a say in what charges they will prosecute. In other words, the idea of prosecutorial discretion means that prosecutors can overrule and change police charging decisions, including deciding not to prosecute a case at all.
Minnesota’s law stating that a prosecutor is the only one with authority to agree to a continuance for dismissal is a good example of prosecutorial discretion.
Why Is a Continuance for Dismissal a Great Result in Your Criminal Case?
The state of Minnesota is not interested in prosecuting every case to the fullest extent of the law. Part of the reason is that the system would completely bog down if prosecutors and criminal defense lawyers could not plea bargain a case. Perhaps more importantly, the vast majority of people, especially many first-time offenders, do not deserve to go to jail. Those folks benefit greatly from a continuance for dismissal.
Having a criminal conviction on your record can have terrible consequences. You could lose your job, your home, your children, your right to carry a gun, and even your ability to remain in the U.S. if you’re not a citizen. Therefore, you need to do what you can to make sure you keep a clean record. A continuance for dismissal helps keep your record clean.
The procedure is straightforward. If your lawyer convinces the prosecutor your case is worthy of a continuance for dismissal in MN, then you have to sign a written agreement. As part of that agreement, the prosecutor has to talk with any alleged victim to get their input on the disposition. The judge must sign off on it as well.
If the judge consents to the terms of the continuance for dismissal, then the court will suspend the prosecution of the case. The length of suspension cannot be longer than the length of probation a judge could give after a conviction.
What Does the Agreement Say?
You, as the accused, must agree to obey all laws. The prosecutor could require you to do something in exchange for the continuance for dismissal such as attend drug treatment, pay restitution, or attend certain classes. The prosecutor might ask you to agree that some facts are true in the written agreement, but we can attempt to keep this admission out of the court record.
You must keep in mind that you are not pleading guilty to anything. The court will automatically dismiss the case when the continuance period is over if you meet all the conditions. You can work to expunge the case from your record shortly thereafter. That is a great result. The state cannot reinstate the charges against you ever again as long as you comply with the terms of the continuance agreement.
You do not waive your constitutional rights when accepting a continuance for dismissal in MN. However, you must agree that you will not ask the judge for a dismissal for a speedy trial violation if the prosecution reinstates the case against you.
What Can Happen If You Do Not Meet All the Conditions?
Probation can be tough on people. Some folks are not accustomed to the structure that probation demands. If you violate probationary conditions after getting a continuance for dismissal, the court will put the case back on the trial list. The judge cannot sentence you to jail for the violation because there was no previous conviction entered against you. However, you will face criminal penalties if you are convicted of the crime.
Once back on the trial list, you have the chance to file pre-trial motions to suppress evidence and then take the case to trial if you decide that’s the best option for you.
Working on Rehabilitation Can Shorten the Continuance Time
Under subdivision 7 of Rule 27.05 of the Minnesota Rules of Criminal Procedure, you can file a motion and ask the judge to dismiss your case early. The judge can dismiss your case if:
- Your lawyer asks the judge to end the dismissal period earlier than stated,
- The judge gives each side a chance to argue its side of the case,
- You have no new criminal cases, and
- The judge finds probation worked for you.
The prosecution can object, but they might not in some cases. Each case is different, so you need to review everything carefully with your lawyer.
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Schedule A Free ConsultationWorking with an Experienced Criminal Defense Lawyer Gives You the Best Chance to Receive a Continuance for Dismissal
At Arechigo & Stokka, we fight for the best result for you. Our history of success speaks for itself. We have helped numerous clients get a continuance for dismissal in MN. Talk with us today about your case to see if you might qualify for a continuance for dismissal.
Call us at 651-222-6603 to learn more about our award-winning firm and what we can do for you.
Continuance for Dismissal Questions Minnesota Defendants Ask
Straight answers to the questions that come up most once a continuance for dismissal is on the table.
No. A continuance for dismissal suspends prosecution instead of resolving the case with a conviction, and you do not plead guilty to receive one. If you complete every agreed condition, the court dismisses the charge outright, so no conviction is ever entered against you.
It varies by case and by prosecutor, but there is a legal ceiling: the suspension cannot last longer than the probation a judge could have imposed after a conviction. The exact length, along with every condition attached to it, is written into the agreement you and the prosecutor sign.
While the agreement is active, the pending charge can still appear, because the case has been suspended rather than closed. Once the court dismisses it, the record reflects a dismissal instead, and expungement can then be pursued to limit who is able to see it at all.
Expungement is generally available once the case has been dismissed, and it is worth pursuing so the charge is not sitting in front of employers and landlords. Minnesota expungement is governed by chapter 609A of the statutes, and the timing and paperwork are worth reviewing with your attorney.
The plea is the difference. With a stay of adjudication you plead guilty and the court holds off on entering the conviction while you complete probation. With a continuance for dismissal there is no plea at all, which is why it is generally considered the stronger of the two results.
The prosecutor holds the authority to offer one, any alleged victim must be consulted, and the judge has to approve the agreement. That makes it something negotiated rather than requested from the bench, and prosecutors do not extend the same offer in every case that comes across their desk.
It can. Under Rule 27.05, subdivision 7 of the Minnesota Rules of Criminal Procedure, your attorney can move for early dismissal. The judge gives both sides a chance to argue and may grant it if you have picked up no new cases and the supervision has clearly served its purpose.
You are not required to have one, but this outcome is negotiated with the prosecutor rather than granted automatically, and the conditions are yours to live with for the full term. An experienced defense attorney argues both for the offer itself and for terms you can realistically meet.
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