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Carl A. Blondir , (J Attorney at Law 7475 Fifteenth Street N., Suite 204 • Oakdale, Minnesota 55128 Telephone (612] 738-9626 01 May 1990 Mayor Susan Dunn and the Lake Elmo City Council 3800 Laverne Ave. N. Lake Elmo, MN 55012 Re: Possible appeals Dear Mayor Dunn and Council Members: In April a Lake Elmo drunk driving case was dismissed by a judge for lack of probable cause for a stop. Both the arresting deputy and I were surprised at the judge's ruling. In some of these cases it may be possible for the prosecutor to appeal the case to the ;Minnesota Court of Appeals. However Lake Elmo has no policy on when an appeal should be made by the prosecutor, if ever. An appeal in a criminal case not only involves the extra cost of preparing the appeal and having briefs printed, but will often result in the prosecuting governmental entity (Lake Elmo in our case) paying for the defendant's attorney's fees and costs of appeal. Usually the cost of an appeal is too much to justify making the appeal. In some cases, such as criminal nuisance or zoning violations the cost of not appealing may be even more in the longrun. As the Lake Elmo prosecutor I would like to see a clear policy on appeals. In most criminal cases the rules of criminal procedure require the prosecutor to file the appeal within five days of the trial court judge's order. I will noc commit the city to the cost of an appeal unless there is some Bind of a guideline, and our present prosecution contract does not address the issue of appeals anyway. I will be out of town in early June, but would be free to address the council at its July meeting if you so wish, In any case, I would want to know when, if ever, you would iaant me as prosecuting attorney to appeal a case.