Getting Charges Dismissed in Minnesota: What a Motion to Dismiss Can—and Can’t—Do

“I want this case dismissed" or "can I get my charges dropped?" We hear this every day—and for attorney Sarah Gad, that’s always the goal.

In Minnesota, the State can’t just charge you with a crime because they think you did something. Before someone can be dragged into court and prosecuted, the prosecutor has to show probable cause—in other words, facts that reasonably support the belief that a crime occurred and that you were the one who committed it.

Real result: Attorney Sarah Gad challenged a murder case—and won.  Proof that strong advocacy changes outcomes.

This safeguard exists to protect innocent people from being wrongfully prosecuted. But the bar is lower than you might expect. Prosecutors can—and often do—charge people based on shaky statements, incomplete evidence, or biased assumptions. That’s where motions to dismiss come in.

What Is a Motion to Dismiss for Lack of Probable Cause?

A motion to dismiss is a powerful legal tool your defense attorney can file to challenge the criminal complaint against you. If the complaint doesn’t contain enough evidence to support the charges, or if the facts don’t line up with what’s required by law, the case can be thrown out before it even reaches trial.

Under Minnesota Rule of Criminal Procedure 11.04, a court must dismiss the charges if the facts don’t fairly and reasonably support a finding that you committed the offense. This rule was clarified in the landmark case State v. Florence, where the Minnesota Supreme Court made clear that courts cannot just take the prosecutor’s word for it—the facts must actually support the charges.

What Has to Be in the Complaint?

To survive scrutiny, a criminal complaint in Minnesota must include:

• The name of the defendant

• The date and location of the alleged crime

• A statement of essential facts for each charge

• Some factual basis linking you to the alleged offense

If the complaint just repeats vague or conclusory statements—without clear, articulable facts tying you to the crime—it may be subject to dismissal.

Why Motions to Dismiss Matter

These motions are underutilized in Minnesota. Many defense attorneys don’t take the time to review all of the evidence like we do. They don't care enough to challenge charges early on, hoping to negotiate a plea instead. That’s not how we work at Gad & Gad Law.

We approach every criminal case with a simple question: Can we get it dismissed?

While no attorney can guarantee a dismissal, at Gad & Gad Law Offices LLP, we do guarantee this: we’ll leave no stone unturned. We examine every shred of evidence—bodycam footage, police reports, 911 calls, witness statements, and even overlooked details buried in supplemental reports—to determine whether the charges can and should be dismissed.

There’s a reason why Attorney Sarah Gad has one of the highest felony case dismissal rates in Minnesota: we don’t take shortcuts. We fight every case like your freedom depends on it—because it does.

A Real Example from Our Firm

One of our clients was charged with murder based solely on the statement of an alleged accomplice. He was held on $2 million bail and preparing to plead guilty to 33 years in prison. The statement was graphic, detailed, and sounded like a confession.

Desperate, the client’s mother contacted more than 50 attorneys across Minnesota.

Only one responded: Attorney Sarah Gad.

Sarah took the case and reviewed everything—over 2,000 pages of discovery, hours of bodycam and surveillance footage, and every supplemental report. What she found changed everything. Hidden deep in the discovery was a year-old police report showing our client had already been ruled out as a suspect. Surveillance footage proved he was 20 minutes away, pumping gas, at the exact time the murder occurred.

So how did he become the prime suspect? We may never know. What we do know is that after Sarah filed the motion to dismiss, the State dropped the case in full, and the detective never had a chance to be called out in court.

Most importantly, the murder charge was dismissed—and instead of serving a 33-year sentence, our client walked out of the Hennepin County Jail a free man.

Don’t Plead. Push Back.

Too many people plead guilty because they think the system is stacked against them. But the reality is this: many cases shouldn’t even go to trial. If the State can’t prove probable cause, they shouldn’t be prosecuting you at all.

If you're facing criminal charges in Minnesota, make sure you have a lawyer who’s willing to fight—not just negotiate.

At Gad & Gad Law Offices LLP, we scrutinize every case with one goal in mind: getting it dismissed. If it can’t be dismissed, we work to suppress evidence, file motions to limit the prosecution’s case, and fight for your freedom every step of the way.

Charged with a serious crime in Minnesota?

Don’t wait. Let us evaluate your case and see if a dismissal is on the table.

📞 Contact us today for a consultation. Because at Gad & Gad Law, we don’t plead—we fight.