Criminal drug cases against Winnebago’s former mayor and his son were dismissed “without prejudice” last month.
In a court document, Faribault County Attorney Cameron Davis says all the charges were dropped “in the interest of justice.”
Davis says he was unable to prove without a reasonable doubt that Scott and Jacob Robertson violated cannabis cultivation laws.
While court documents show that both cases are closed, definitions of “without prejudice” shed some light on the legal term.
According to several definitions, “without prejudice” is a case that has been dismissed temporarily, not permanently. The state can re-file charges, change the claim or bring the case to another court.
Attempts to get a comment from Davis were not successful.
There are several reasons why a prosecutor may chose to dismiss a case.
It could be to address a weakness or an error in some part of the case or to file a new one that is more or less serious than the original.
Should Davis decide to re-file charges, he must do so within the statute of limitations.
For felony offenses, the statute is generally three years from the time the offense is alleged.
The Robertsons were each charged with four felony counts of unlawfully cultivating more than 23 cannabis plants.
Charges were filed following an investigation that began in January 2023 and resulted in authorities seizing about 240 plants.
In July, Judge Troy Timmerman rejected a plea deal to reduce the charges to third-degree misdemeanor possession of cannabis. Last month, he denied Davis’ request to suspend prosecution of the cases until Aug. 25, 2025, or until an earlier time as the agreement is terminated.