Legal Question in Criminal Law in Minnesota
A person shoplifted a handgun at a gun show. It is considered automatic felony charge in Minnesota. As a part of the plea agreement, there was 3 year probation, jail time and no handling of firearms. If probation was completed, charge was to be reduced to a misdemeanor. Now probation is completed. What happens to person's civil rights such as voting? What about handling firearms? Any other rights or restrictions stay or change?
1 Answer from Attorneys
The charging decision is the prosecutor's to make, given what evidence they believe they have. When a defendant is convicted of a felony and the court stays imposition of sentencing under Minnesota Statutes Section 609.135, and where the defendant eventually completes the term of the stay without violating any conidtion, the conviction is then reduced to a non-felony under Minnesota Statutes Section 609.13 for most, but not all purposes under Minnesota law. When that does happen, civil rights to firearms are not restored.
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