Legal Question in Criminal Law in Minnesota

I was at the beach and the police came and searched my bag because they saw my friends cooler and found beer in it. When they searched my bag they found a small amount of marijuana, about a pinch worth. Also, they had found a random pipe on the ground near us and since I didn't have a pipe in my backpack they assumed it was mine and charged me with paraphernalia as well. The plea they offered was to drop the paraphernalia charge and to give me the conviction on the other with the stipulation that if in one year I did not have a similar charge it would say conviction dismissed. I am trying to go to grad school to become a teacher and I do not want this charge on my record. Should I plead not guilty and hope that they don't have the resources for the case and drop it, can I bargain for a different charge, or should I take the plea they gave me?


Asked on 10/19/10, 7:52 am

1 Answer from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

From your description, it sounds like they may have offered you a "Stay of Adjudtication" or worse, "a Stay of Imposition with Vacate and Dismiss." The problem with those is that they both require guilty pleas. The current expungement statute (Minn Stat Ch 609A) does not allow for expungement of a case where the person pled guilty (with a couple exceptions not applicable here). That means even if there was "no conviction" someday, there would be a public record.

A better outcome would be either outright dismissal or acquittal, or a "Continuance for Dismissal." Prosecutors tend to be reluctant to offer that disposition. Having a good criminal lawyer represent you could make them willing.

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Answered on 10/24/10, 9:11 am


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