Legal Question in Criminal Law in Minnesota
I am being charged with a felony in Houston County, MN. My lawyer told me to plead guilty to the felony, and the Judge would then reduce the charge for conviction, meaning that I would not have a felony, but a gross misdemeanor on my record. Does this make any sense? I know that in Wisconsin, where I'm from, when you plead guilty to a crime, the judge finds you guilty of that crime. Am I missing something?
2 Answers from Attorneys
I would suggest you discuss this with your lawyer. Depending on the facts of the case and the plea agreement, this is something that can and does happen on occasion.
The idea is that while they want you to admit to the crime, they also understand that a felony record will generally result in far more hardship for the individual and it becomes more difficult for those labeled as felons to be useful, productive members of society due to the stigma of having a felony record.
Not enough information is provided and perhaps you do not konw, but it is poosible he or she is somehow referring to Minnesota Statutes Section 609.13, which you should read for yourself. It says in essence that in Minnesota cases, the level of conviction is detemrined by the sentence not the charge. There are many exceptions however - for example a guilty plea to a felony charge is still a "felony" under Minnesota gun laws; and, federal laws do not respect Minnesota law; not do any employers.
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