Congdon Law. PLLC.

I Was Charged In A Domestic Violence Related Case In Minnesota. I’ve Heard That The Prosecutor Could Decide Not To Proceed With My Case. What Would Make A Prosecutor Drop A Case?


Prosecutors have the discretion to choose whether they will proceed with prosecuting a case or not. Several factors can go into their decision, one of which can be whether they believe they can prove the case beyond a reasonable doubt, if it were to proceed to jury trial. One of their considerations in determining whether or not they think they can prove their case depends on the witnesses that they have and whether or not they are credible. For example, a witness who has changed their testimony to contradict their earlier statement to police will have diminished credibility and that will affect whether or not the prosecutor can proceed with the case. In that case, it is possible for a prosecutor to choose to dismiss the case rather than moving forward.

I Was Charged With A Domestic Violence Related Offense In Minnesota, But I Was Acting In Self-Defense. Don’t I Have The Right To Defend Myself?

Self-defense is a defense that can apply in domestic cases as well as any other assault type case. It is an affirmative defense, so it is important to consult with an attorney to determine whether your situation meets the required threshold to argue self-defense at trial.

I Have A Previous Criminal Record For Non-Domestic Assault And Was Recently Charged In A Domestic Violence Case. Will The Judge Automatically Assume I’m Guilty?

A judge should not automatically assume that you are guilty. The facts of the prior case may not even be brought to the judge’s attention until there are arguments about whether it can be used at trial or perhaps at the sentencing, if you are found guilty or plead guilty.

I Was Arrested For Domestic Violence Against My Spouse In Minnesota. Since I’ve Been In Jail, She Has Tried To Contact Me To Work Things Out. Am I Allowed To Speak To Her?

Whether or not you are allowed to speak to the alleged victim of a domestic violence case is dependent upon whether there is a no contact order in place between you. There are several types of no contact orders in Minnesota. The other party could seek to have a harassment restraining order or an order for protection put out against you. There is also a no contact order that a judge could order as a condition of your pretrial release. Lastly, there is a domestic abuse no contact order that a judge could issue as a condition of your release. If any of those types of orders have been issued against you, you cannot have contact with the other party, even if they are trying to contact you. Violation of any of those orders would likely result in new criminal charges for you.

When Police Were Called To My Home, Only I Was Arrested. How Do They Know That I Was The Aggressor?

Law enforcement will typically speak to the parties involved and, depending on the version of events given by each party, they will determine who they are going to arrest, if they believe that a crime has been committed. Minnesota law does require, if there is a domestic violence incident, that someone be arrested. Generally, it is the person who did not make the 911 call asking for help.

I Was Arrested And Charged In A Domestic Violence Related Incident In Minnesota. I Need To Get My Things From My Home. Do I Have Permission To Go Back?

If you have things in the home, you can go back and get your items under very limited circumstances. If there is a no contact order, protection order, or restraining order in place, you will need to go back with the presence of law enforcement, so that there is proof that you are not violating the order. If you do not have any orders restraining your communications with the other party, then you can work out how you are going to get your belongings and you can get them at any time without permission from law enforcement.

My Girlfriend Called The Police On Me And Alleged I Hit Her. Since My Domestic Violence Arrest, She Has Been Texting Me Asking To Get Back Together And Said She Will Tell The Truth. Should I Ask Her To Go To Police On My Behalf?

You cannot ask her to change her story. If she is telling you that she is going to tell law enforcement the truth, she should do that. It is important that everyone has a clear indication of what potential testimony would be at trial and her going to law enforcement to tell the truth is an important piece of that.

I Was Arrested And Charged In A Domestic Violence Case. What Conditions Or Restrictions Will Minnesota Courts Put On Me? What Happens If I Violate Any Of Those Terms?

While you are waiting for your case to go through the court system, the types of conditions that you can expect from a court would include things like no contact with the alleged victim, staying a certain distance away from their residence or workplace, not possessing any weapons, and a travel restriction where you are not allowed to leave the state of Minnesota without court approval. If you were to violate those conditions, you could be brought back into custody and be required to either pay additional bail or have harsher conditions imposed on you.

Why Am I Being Charged In A Domestic Violence Case In Minnesota When My Partner And I Were Both Equally To Blame For Harming One Another?

The choice of who to charge is ultimately up to the prosecutor. They charge the person they believe they can prove the charges against. That may be one or both of you, in certain circumstances. Just because you were equally fighting does not mean that there was no crime committed and the prosecutor is looking at whether they can prove a crime was committed by one of you or both of you.

I’m Facing Domestic Violence Charges In Minnesota. There Is No Evidence To Prove That My Spouse Was Harmed. How Can The Prosecutor Possibly Continue With The Case Against Me?

Domestic assault cases in Minnesota do not require proof of actual harm. There is such a thing as causing fear of harm under Minnesota law and if a prosecutor can prove that you intended to cause your partner fear of harm, that is enough for you to be convicted of an assault or domestic assault.

For more information on Domestic Violence Cases, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (651) 314-9620 today.

Jennifer Congdon, Esq.

Call For A Free Consultation (651) 314-9620