Legal Question in Criminal Law in Minnesota

Me and my buddy got caught last night shoplifting a few food items from Walmart. The total of the merchandise stolen totaled up to about 34 dollars. We were already out of the store with the merchandise when all of the sudden we heard one of the workers from the store calling us to come back. As soon as this happened, we made a run for it but stopped when we noticed there was a police officer sitting in the parking lot. The running was only for a period of maybe ten seconds or so. For what it's worth, as soon as the police became involved, we were as cooperative as possible.

We filled out some paperwork with the manager, basically letting us know that we are banned from the store and any related stores, and we have a court date set for December 2nd.

Considering that, this is my first [and last] offense. I am able to pay for the merchandise as well as the 300 dollar fee with it. With that aside though, how likely would jail time be? Is there anything I can do to reduce the chances of that?

Extra information that may or may not matter:

I live in Minnesota [as specified]

19 years old

The incident is on video.

Any help would be appreciated. I am real freaked out!


Asked on 10/13/10, 11:02 pm

2 Answers from Attorneys
Landon Ascheman Ascheman Law

I can understand being pretty freaked out at this point, this is not a situation anyone wants to be in. On the bright side, it sounds like you have already managed to learn a few things from this situation.

It sounds like you are being charged with a Misdemeanor offense 609.52 - the lowest actual criminal charge (Petty Misdemeanor is not officially a criminal charge although our society tends to treat it as one). Under this offense it is possible that you could be facing up to 90 days in jail and up to a $1,000 fine- in addition to the restitution and court fees.

In this case, it is very important for you to contact an attorney to discuss your rights and possible outcomes based on the details of your case. You may be able to reach an agreement with the prosecutor for community service or other options other than jail, but an attorney will be the best way to achieve that.

If you would like to discuss your case further, please feel free to contact our office 612-217-0077.

If it turns out that the offense is a Petty Misdemeanor, this is still something that can affect your record and make employment difficult, but is only punishable by up to $300 plus restitution and fees.

Read more
Answered on 10/19/10, 9:49 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.

Read more
Answered on 10/19/10, 7:16 pm


Related Questions & Answers

More Criminal Law questions and answers in Minnesota