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 no 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. My friend got panicked and pleaded guilty even though he had no intent to steal.

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?

My friend had no intent to steal.

Thanks in advance for your answer.


Asked on 1/31/10, 12:16 am

1 Answer from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

If your friend has a clean record, with the assistance of a lawyer, often a criminal conviction can be avoided by seeking a Continuance for Dismisal, also called a Stay of Prosecution. Often, the result may depend on the defensive merits of the case and how they are discussed in pretrial proceedings with teh prosecutor.

A misdemeanor theft is a punishable by up to 90 days in jail and a $1000 fine. However, those are maximums and, in most cases, execution of any jail sentence is unlikely.

Crimes of moral turpitude may impact an immigration status. Although one misdemeanor theft is not likely to stir any removal proceedings, it can affect future visa applications or extensions and Petitoins for Citizenship.

For a FREE consultation call 612.240.8005

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Answered on 2/05/10, 6:33 am


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