Nicole’s client was charged with misdemeanor Domestic Assault in Hastings, Dakota County, following an incident where he allegedly shoved his sister in to a wall during a family disagreement.
After helping her client get into an anger management program, Nicole negotiated with the prosecutor to resolve the case. The prosecutor wanted a conviction but a conviction would likely lead to her client losing his job. Instead, they prepared for trial. On the eve of trial, Nicole convinced the prosecutor to continue the charges for dismissal. A continuance for dismissal is an agreement with the prosecutor to automatically dismiss the charges after one year if specific conditions are met. In this case, Nicole’s client had to pay a $150.00 fine and remain law abiding. Because a continuance for dismissal involves no admission of guilt, the case is considered “resolved in your favor.” Consequently, a person retains the presumption that they are innocent and the right to a trial should the client not meet the conditions of the dismissal. Finally, Nicole’s client will be eligible to expunge his record as soon as the charge is dismissed. An expungement seals all records relating to the case so that it will not show up on a background check, including the arrest records on the Minnesota Bureau of Criminal Apprehension.