Legal Question in Criminal Law in Minnesota

Felony - Aiding and Abetting first degree

My daughter was charged with aiding and abetting in the first degree burglary. She was forced to drink a drink with some drug in it. She was forced to drive to an unknown location while 4 others left the vehicle and attempted to rob a residence. She was told to stay at the vehicle. Shots were fired by party owning the location. She was so drugged she could hardly drive but made to drive back the party other party. Cops arrived and arrested her and 4 others. She was not allowed to use the drug defense by Public defenders - stating forced means having a gun held to your head and told you will die if you don't drive to said location. She was found guilty and given 2 months house arrest and 5 years probation. Possibly turning into 20 years probation if the pro officer gets his way. Sheis going to school to be a lawyer, never been in trouble before and is very sad about the outcome of this. HELP


Asked on 2/19/09, 4:04 pm

1 Answer from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: Felony - Aiding and Abetting first degree

If a plea has been entered, and she has been sentenced, it would be very difficult to seek any type of post conviction relief.

If a plea was not entered and she proceeded to trial where she did not prevail she may be able to seek post conviction relief. Certainly a defense to the crime is whether she had an intent to commit the offense. The claim for purposes of post conviction relief is that she was provided ineffective assistance of counsel.

If she prevails on a post conviction relief motion, the matter is set on for trial on the original charges where she may face greater charges or sentences.

For a consultation call 612.240.8005.

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Answered on 2/19/09, 4:38 pm


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