Legal Question in Criminal Law in Minnesota

fireworks possession

I have a mandatory court appearance for being caught in possession of illegal fireworks (about 1/4 lb worth of bottle rockets). The law I'm cited under (statute 624.25.3) has a maximum punishment of a $1000 fine and 90 days in jail. I honestly had no idea they were illegal, as I live 3 across the border in North Dakota (just 3 miles from where I was caught in possession in Minnesota) where I had obtained the fireworks and they are perfectly legal. I did not fire any, nor was I cited for using them. I'm curious what the chances of it being more then a small fine would be. I'd rather not hire a lawyer who will end up costing more then a fine, but at the same time the thought of jail time for possession of a handful of bottle rockets scares the heck out of me. Would this be something I could reasonably plead no contest or guilty to on my own? I'd hope that I could explain that I honestly was naive to the law and wouldn't have been in possession if I had known it was illegal in Minnesota.


Asked on 7/10/08, 12:42 pm

2 Answers from Attorneys
Reid Brandborg

Re: fireworks possession

Jail time is probably not a real possiblity unless you have a history of this type of crimes. If you want to plead guilty, figure out who the prosecutor is, contact them, and ask what they want to settle it. They will likely tell you they want a fine (something like $50 to $300) and maybe some "stayed" jail time. Stayed jail time is time you do not serve. If you are comfortable with that, you should not have a problem going to court and pleading guilty yourself. If you hear something different from the prosecutor, or you are not comfortable talking to the prosecutor, call an attorney, like me.

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Answered on 7/10/08, 1:21 pm
Thomas C. Gallagher Gallagher Criminal Defense

Re: fireworks possession

Retaining a lawyer in case like this presumably would be for the purpose of avoiding a guilty plea or conviction, either of which would preclude expungement under Minnesota Statutes Chapter 609A. With a clean record, most reasonable prosecutors may consider a "continuance for dismissal" or other disposition which would avoid a guilty plea or a conviction, but still provide for consequences in the form of payment of "prosecution or court costs."

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Answered on 7/10/08, 5:27 pm


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