Legal Question in Criminal Law in Minnesota

I have a possesion charge in Minnesota that is a petty misdemeanor. If i am filling out applications that ask me if i have criminal charges and a petty misdemeanor is not considered a crime in Minnesota, how should i answer?


Asked on 8/04/11, 10:23 am

1 Answer from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

First, you should know about the difference between a criminal "charge" and a criminal "conviction." A charge is a mere accusation, and means nothing. A conviction is a crime that has been proved and accepted by a court. A "petty misdemeanor" in Minnesota is not a crime, but a civil infraction. Since a "petty misdemeanor" is not a crime, a "petty mismdemeanor" charge is merely an unproven claim of a civil infraction, and is not a "criminal charge." Similarly, a "petty misdemeanor" violation is not a criminal conviction since it is not a crime or "criminal."

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Answered on 8/04/11, 11:07 am


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