Domestic Assault Case Dismissed on Eve of Trial
Recently, Attorney Ambrose obtained a dismissal in a domestic assault case on the eve of trial in Washington County, Minnesota. Steadfast in his belief that he was acting in self-defense, Attorney Ambrose’s client turned down a Continuance for Dismissal at a previous pretrial hearing. Continuance for Dismissals are also known as Agreements to Suspend Prosecution or Continuances Without Prosecution. They all are interchangeable and reflect the same idea, which is the case will be dismissed after typically one year if the defendant does not have any same or similar offenses and pays a small fine. Generally, it is very difficult for people to turn down an offer for a continuance for dismissal, because it removes the risk of going to trial and results in a dismissal if a person follows fairly simple conditions.
Here, both the client and the attorney stood firm on the ground it was a matter of self-defense and not a domestic assault. Ultimately, planting the position paid off as the prosecutor ultimately relented and dismissed the case. Assuredly, had the prosecutor decided to not dismiss the case, we would have been going to trial. Having a reputation for not giving in and willing to try cases can pay off. Had the case proceeded to trial, it would have been a lengthy process with the parties battling it out over whether the act was one of self-defense. Ultimately, the case would have been in the hands of a jury to make that determination. However, the prosecutor made a sound decision to dismiss the case and move on.
To our client’s benefit, he now can move forward without an assault conviction and know that his case was dismissed never to be brought again. The client is also in an incredibly favorable spot to get the original charge expunged from their record. When violent charges appear on a person’s record, such as in a domestic assault, people often want to obtain an expungement of the original charge.
For a consultation at no charge, please call or text us at 612-547-3199. You can also email us at: ambroselegal@icloud.com
Robert H. Ambrose is a criminal defense attorney and DWI lawyer 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 Lawyer Woodbury MN; Criminal Defense Lawyer Minnesota; and Assault Attorney Wisconsin.