Legal Question in Criminal Law in Minnesota

I got arrested for shoplifting and now I have a court date. It was $60 worth of items and the company charged me about this much in civil damages. What will happen on the court date and how do I keep this off my record.

Clean record except for a few speeding tickets. Thanks.


Asked on 11/13/10, 9:34 pm

2 Answers from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

When I have handled cases like that, my client's goal is normally to achieve an outcome that could one day be expunged under Minnesota Statutes Chapter 609A. That means an outcome with (1) no conviction; as well as (2) no guilty plea. For misdemeanors, a "Continuance for Dismissal" without a Plea would meet that criteria. You can talk to the prosecutor without a lawyer to see if they will offer that. They might try to convince you to plead guilty under some other type of agreement - but a guilty plea will mean a public record forever (under current law). You can retain a good criminal lawyer to gain an advantage when dealing with the prosecutor.

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Answered on 11/19/10, 6:16 am
Maury Beaulier612.240.8005 Minnesota Lawyers

Thank you for the email.

A theft offense can be very serious. While any theft under $500 is a misdemeanor. Such an offense is still punishable by up to 90 days in jail and a $1000 fine. The collateral consequences of a conviction can also be extremely significant and preclude a person from finding employment where background checks are performed.

Often, if you have no prior offenses, a conviction can be avoided with a Stay of Prosecution. A Stay of Prosecution means that the offense is never recorded on your record and stayed for a certain periofd of time to ensure that you do not have another offense.

We can assist you in making sure that your record is not affected.

For a FREE consultation call 612.240.8005.

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Answered on 11/19/10, 7:30 am


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