Legal Question in Criminal Law in Minnesota

Re: misdemeaner

People can represent themselves, however oftentimes attorneys can help you through the process and allay some of your fears, and can also negotiate on your behalf in an effort to avoid jail time. It sort of depends on numerous factors whether you will be getting jail time.

Nathan Hansen

Re: misdemeanor

In my exerience, it is unusual for a person with no prior convictions to get jail time for a shoplifting theft under $500. Most people consider it far more important to avoid a criminal record for theft, which could cost large sums of money in lost annual income for a lifetime, as well as publicly label the person a thief for a lifetime.

FFI: http://www.liberty-lawyer.com/theftandpropertycrimes.html

Re: misdemeaner

Thank you for the post. We also discussed this matter by telephone.

Thank you for the email.

A misdemeanor theft is punishable by up to 90 days in jail and a $1000 fine. A theft conviction can have a significant impact on your criminal record and your ability to find employment or apartments when background checks are performed. With a prior theft on your record, even though it has been expunged, it may affect the prosecutor's willingness to make an reasonable offer. Often the administrative record lingers even afte the judicial record ahs been expunged.

Of course, there are many defenses to the charge. As we discussed, you must have had the intent to steal the item. If there was am mistake that can be reasonably presented in court, you would have a defense to the charge. Such a strong defense allows us to file Motions seeking a dismissal and to act aggressively toward convincing the prosecutor to offer a disposition that will keep the offense off your record.

To schedule an appointment call us at 612.240.8005.