Legal Question in Criminal Law in Minnesota

Re: misdemeanor theft payment?

They are two separate issues/ the letter from the store is a civil issue. Under the law, the store owner is entitled to collect the value of the property taken, even if the property is ultimately recovered. Paying the amount is not advisable without consulting any attorney. Even if paid, it does not result in a dismissal of the criminal case.

A theft offense can be very serious. While any theft under $500 is a misdemeanor. Such an offense is still punishable by up to 90 days in jail and a $1000 fine. The collateral consequences of a conviction can also be extremely significant and preclude a person from finding employment where background checks are performed.

Often, if you have no prior offenses, a conviction can be avoided with a Stay of Prosecution. A Stay of Prosecution means that the offense is never recorded on your record and stayed for a certain periofd of time to ensure that you do not have another offense.

We can assist you in making sure that your record is not affected.

For a FREE consultation call 612.240.8005.

Re: misdemeanor theft payment?

In Minnesota, store owners can take advantage of a statute which allows them to assert a civil claim against an claimed shoplfter, separate and aaprt from the criminal theft case (if any).

For my clients accused of shoplifting with no prior similar accusations, the goal is generally to keep their public record as clean as possible. This of course would mean avoiding a guilty plea and conviction in the criminal case.

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

It can also mean avoiding a public civil judgment based upon a claim of theft. So, at times I have helped my criminal law lcients with that matter as well, to avoid that while also avoiding any admission of wrongdoing.

Re: misdemeanor theft payment?

Paying the $80.00 would have no affect on your criminal court date. The $80.00 is a separate civil matter and usually can be negotiated after the criminal matter is resolved.