Legal Question in Criminal Law in Minnesota

Re: Alcohol theft/purchase

Only a government lawyer called a "prosecutor" can "press charges." A victim of witness of an alleged criminal act cannot charge another with a crime; but can only make a complaint or report to police or prosecutor.

If there are no witnesses to come to court to testify, and that results in no evidence for the prosecutor to use, the criminal charge may be dismissed for lack of evidence. However if the defendant admitted facts to police, sometimes police testimony about those admissions could be enough for the prosecutor to go forward with a trial.

Last time I checked the theft statute, anything over $500 loss was felony, and certain thefts less could also be a felony. But the real penalty, for a person with a clean history, would be any guilty plea or conviction at all. The resulting criminal record would be damaging to future income earning potential, and haunt him for life.

Your question is not clear, but I believe most people would find "underage purchase" less serious a crime than "theft."

Re: Alcohol theft/purchase

An owner need not "press charrges." That is a common misconception. A prosecutor is the only person who can press charges and he/she can do so with or without the victiim's consent. The strength of the prosecutor's case, obviously, may depend significantly on the cooperation they can expect from key witnessses including the victim.

I am not sure that I understand the question about purchasing from an consenting adult. Certainly, if that is the allegation, then it is a defense to stealing. Of course, that would result in a different charge regarding possession of alcohol and/ior underage consumption or even possessing stolen property.

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