Continuance for Dismissals in Domestic Assault Cases Obtained by Attorney Ambrose
Recently, Attorney Ambrose obtained Continuance for Dismissals in two separate domestic related cases in Ramsey County, Minnesota. One was for a domestic assault case; and the other for violating a domestic abuse no contact order (DANCO Violation). A Continuance for Dismissal is also known as an Agreement to Suspend Prosecution or a Continuance Without Prosecution. They all mean the same thing: the case will be dismissed after a period of time, which is usually one year, if the person has no same or similar offenses and pays a small fine. Essentially, a no brainer-type outcome for defendants to accept. It takes all the risk out of going to trial and potentially being convicted of a domestic assault or assault-related offense.
If, and a big IF, the person violates the terms of the Continuance for Dismissal, then the case may be brought back into court and the person can still have a trial. You often give up your rights to a speedy trial (within 60 days) at the outset of signing the agreement for dismissal, but the person is almost assuredly out of custody when they make the agreement and it has no substantial impact on their rights.
When the ultimate goal of any case is to have the charges dismissed, a Continuance for Dismissal is the next best thing to an outright dismissal or acquittal. It is only next best because it takes a little bit of time, some guidelines to follow, and often a small fine to get to the dismissal. It also puts the person in an excellent spot to get the original charge expunged from their record if they so wish. Especially when the charges involve alleged acts of violence, such as in a domestic assault, people often want that wiped from their record.
For a consultation at no charge about your case, please call or text us at 612-547-3199 or email: ambroselegal@icloud.com
Robert H. Ambrose is a criminal defense lawyer and DWI attorney in Minnesota and Wisconsin. Super Lawyers named him a Super Lawyer for the past four years and a Rising Star in the preceding six years. He is an adjunct professor at the University of Minnesota Law School. Assault Attorney Woodbury MN, Criminal Defense Attorney Minnesota, Assault Lawyer Wisconsin.