Legal Question in Criminal Law in Minnesota

on oct 23rd, I found a wallet (at work, in parking lot) that had a couple credit cards in it. I used one of the cards to purchase gas for my car. On Dec 15th, I had a taped interview at work with a detective, who told me I was not under arrest. During the taping, I confessed to using the credit card. On Jan. 27th, I recieved a summons to appear in court for the following charge: count 1, charge theft-lost property, in violation of 609.52 Subd. 2 (6), max. penalty of 90 days or $1000.00 or both. What can I expect to happen when I appear for this summons? Is there anything I can do that will help me out in this issue?


Asked on 1/27/10, 11:04 pm

2 Answers from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

I believe we spoke by telephone and exchanged email.

As you know, 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 period of time to ensure that you do not have another offense.

At the first appearance, often very little occurs. You are advised of the charges against you and certain rights that you have. You will then be required to enter a plea.

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

For a FREE consultation call 612.240.8005.

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Answered on 2/02/10, 7:58 am

One of the rights that will be explained to you is your right to an attorney. You should be able to apply for a public defender, but this will proabably be denied since you are employed. The Judge may continue your first appearance to allow you obtain legal represention if you wish. Otherwise, you will plead to the charges against you. If you plead not guilty further appearances will be scheduled.

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Answered on 2/02/10, 8:47 am


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