Legal Question in Criminal Law in Minnesota

Re: Charged of Crime I Didn't Committ

Fortunately or unfortunatrely, police need not question you before charging you. In fact, even if they were to question you, you may be wise to exercise your right to remain silent. Even if your version of the facts is different from another person, you may still be charged and any statement that you make may be used against you.

A 4th degree burglary charge is very serious and may have long lasting implications if you are convicted. I would strenuously suggest retaining counsel. For a consultation call 952.746.2122.

Re: Can I be charged if I haven't been questioned

Thank you for your question regarding the filing of burglary charge against you.

In answer to your first question, whether you can be charged if you haven't been questioned, the answer is yes. The police and prosecutor do not need to question you before filing a criminal charge. In fact, you generally should not speak to the police if you are questioned about a pending case, unless you are represented by a competent lawyer, since your statements can be used against you. Your opportunity to "tell your side of the case," so to speak, comes in court.

You explain that you cannot afford a lawyer. If so, you should apply for a public defender at your first court appearance -- before speaking with the prosecutor. However, you should not assume that you can simply explain the matter and resolve a factual dispute in a conversation with the prosecutor. Remember, the prosecutor probably assumes that the statements made by the victim are accurate and truthful, and absent some persuasive evidence to the contrary, your mere assertion that the victim is wrong or inaccurate in her reporting is not likely to persuade the prosecutor to dismiss the case. More likely, you will be offered a plea agreement, perhaps with a stay of adjudication if you have a strong defense.

It you do not qualify for a public defender, you really should find a way to hire an attorney, since a burglary or theft conviction could have serious consequences, and could affect your subsequent job opportunities.

My contact information is below if you have additional questions. Good luck.