Legal Question in Criminal Law in Minnesota

if I got a shoplifting charge that was truley a mistaken pair of sun glasses that I took thinking they were mine, (I left mine there) they were less than 25.00, Should I not be charged for a petty misdemeaner ( a payable ticket) Because the Da charged me with a misdemeaner and set a court date?


Asked on 2/18/13, 5:49 am

3 Answers from Attorneys

Tricia Dwyer Tricia Dwyer Esq & Assoc PLLC

Hello. Theft is not a petty misdemeanor charge in Minnesota. Definitely I urge you to seek a private attorney immediately because the matter is very serious and, if you plead guilty or if you are convicted, you face many negative consequences that may make life difficult for you for years in the future. I recommend that you telephone several attorneys in choosing one to help you, because it is important that you feel a sense of great safety and trust with the attorney. Having an attorney working and advocating for your best interests (including of course your long term interest) is incredibly cost effective in my view. All the best.

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Answered on 2/18/13, 6:00 am
Thomas C. Gallagher Gallagher Criminal Defense

A petty misdemeanor, though "not a crime" would still be a negative public record and labeling as a thief - best avoided. Most would try to avoid a guilty plea, to keep the record clean. A defense lawyer can help accomplish that.

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Answered on 2/18/13, 6:22 am
Maury Beaulier612.240.8005 Minnesota Lawyers

Thank you for the email.

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.

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Answered on 2/18/13, 8:02 am


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