Legal Question in Criminal Law in Minnesota
I was charged with a crime last year for which there was considerable evidence of my innocence, but the County Attorney refused to drop the case. The judge finally became annoyed with him, asked me if I would agree to a plea in exchange for a Stay Of Adjudication, and I accepted it.
While I am aware that I have no "record", etc., a local newspaper published the court's finding in its "public notices" section. This led to a number of questions from friends and acquaintances who did not know what a Stay Of Adjudication was (indeed, I did not know until it was explained).
I know of others who have received similar stays and their cases have not appeared in the newspaper. Was what the newspaper did in my case lawful? If not, is it an actionable matter? Certainly my reputation has suffered and I have had to deal with family and friends who believe I am a convicted felon.
3 Answers from Attorneys
The actions of the newspaper was lawful, as long as they provided accurate information. It is always best to work with an attorney to know what is happening and how that can affect you.
Generally newspapers can and will provide newsworthy information gathered from public record. Tricia Dwyer Esq. Minnesota Criminal Law Attorneys Tricia Dwyer Esq & Assoc PLLC phone 612-296-9666 http://DWYERLAWFIRM.net
First, you do not have "no record/" A record check will show that you were charged with the offense and, depending on how the case proceeded, it may show a guilty plea and then that it was dismissed after the probationary period. If it was a Stay of Adjudication, you may be able to seek an expungement, but the plea of guilty opens the window for the prosecutor or another agency to object to the expungement.
Second, I am not sure what you mean when you say the newspaper published the court finding. If you mean that it published that you entered a plea of guilty, so long as that is factually accurate, you would have no action against the paper.
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