Legal Question in Criminal Law in Minnesota

Good Friends Gone Bad

In March of 2005 I moved out of my apartment and into the home of a couple that I considered very close friends at the time. They told me that I could stay in the house as long as I wanted rent free until the house was sold. In July, money became the number one heated issue in the house.

In August I moved out of the house into an apartment in a neighboring town. In October, I received a notice that this couple was suing me for rent for living in their home. On the court date, this couple didn�t show up and I won the case by default. Now this couple is saying that they are going to file criminal charges against me for the same thing. Can they do this? I was told by a friend that I could file a harassment suit for this? Is this a possibility?


Asked on 3/24/06, 8:54 pm

1 Answer from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

Re: Good Friends Gone Bad - Who Can Prosecute a Criminal Charge

While anyone can make a report of what they feel might be a crime to police or prosecutors, the police have discretion whether to investigate reported "crimes;" and prosecutors have discretion whether to prosecute alleged "crimes." Ordinary people do not have discretion to do either.

Based upon your account, it appears unlikely police or prosecutors would be interested in investigating or prosecuting what you describe, as a "crime." Rather, they may tell the reporting parties that they have a "civil matter, not a crime."

Minnesota Statutes Section 609.27 Subd 1 (5) "Coercion," makes it a crime to threaten or cause to be made a criminal charge, and so cause another to act or forbear doing a lawful act. Section 609.275 makes "attempt to coerce" a crime. Your description sounds like they are committing the crime of "Attempt to Coerce." However, in your description, no crime is described on your part.

Yes - you could seek a civil harassment restraining order, Minnesota Statutes 609.748, though if you look at that statute in many situations you need evidence of two or more incidents of harassment as there defined.

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Answered on 3/27/06, 11:35 am


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