Legal Question in Criminal Law in Minnesota

My friend was caught for shoplifting at JCPenney in Minnesota. The stores security guards caught him when he was exiting without paying. He pleaded guilty (he had the intent to steal) with the security guards and was asked to sign few papers including the civil demand letter. His shoplifting was video recorded. The goods were valued at the maximum price (not the sale price) which is around 300 dollars. The police were called. Police gave the court summons. He was charged for Theft (609.52)

My friend is a non-citizen and is on H4 visa.His wife is on H1 visa. My friend is ashamed of what he did. He has a clean record.

My questions are:

a) I have seen in the forums that pleading guilty is not a good option. Can he plead non-guilty in the court? Since he pleaded guilty with the security guard and the police, is it okay to plead non-guilty in the court? Will the Judge accept it?

b) Will my friend go to jail?

c) Will my friend be deported?

d) Will it create a problem for his wife who is working on H1 visa? Will she also be deported?

e) Will the prosecutor reduce the charges even if pleaded guilty with the police.

f) Will hiring a attorney help to reduce the charges? Will the prosecutor reduce the charges because of clean record even for non-citizen who is on H4 visa?

Thanks in advance for your answer.


Asked on 1/30/10, 11:20 pm

1 Answer from Attorneys

Ross Brandborg Brudvik Law Office

Your friend should plead not guilty and get a criminal lawyer and an immigration lawyer.

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Answered on 2/13/10, 3:42 pm


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