Legal Question in Criminal Law in Minnesota

Stay question for Maury Beaulier and Thomas Gallagher part 2 of 2

Barring a stay, what other route might be available to avoid a conviction under 624.712? I would like a plea offer whereas my friend would plead guilty to the 609.2242.2 charge as it does not fall under 624.712 yet it still allows for a sentence of one year; my friend would also be willing to pay a fine in this scenario. But my friend�s PD is animate that the prosecutor requires a felony conviction in this case. I am a bit disappointed in that stance as my friend has never been charged with a felony before much less been convicted of one. There are several mitigating circumstances in the immediate case but we are realists and understand that he would be found guilty at trial and even with zero points, his presumptive sentence would be 21 months.

My friend�s record in total is:

2 speeding tickets, a seatbelt violation and Possession of Drug Paraphernalia in 2004

A speeding ticket and a petty for no operable headlights in 2005

A misdemeanor Disorderly Conduct in 2006

A misdemeanor Domestic Assault in 2007 (precursor to current 609.2242.2 charge)

While my friend has not been an angel, he should not be someone that the prosecutor �requires a felony conviction� on. Any help or suggestions would be greatly appreciated!


Asked on 11/08/08, 7:04 pm

2 Answers from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: Stay question for Maury Beaulier and Thomas Gallagher part 2 of 2

It is impossible to advise you as to what may be likely without knowing significantly more about the case. Prosecutors are unlikely to make reasonable plea offers without moounting an aggressive defense which may weaken their case.

For a consultation call 612.240.8005

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Answered on 11/10/08, 2:19 pm
Thomas C. Gallagher Gallagher Criminal Defense

Re: Stay question for Maury Beaulier and Thomas Gallagher part 2 of 2

Assuming the goal is to protect civil right to firearms, 609.2242 sub 2 would not seem to do any good since it is a domestic crime, and federal laws would strip many if not all rights to guns as a result. As for avoiding a conviction, I would need to know what evidence there is in the case, which would only be avaialble to me if I were defense counsel of record. Prosecuting attorneys, like other people who negotiate, may posture and say things to persuade the other side to give up. Rather than focus on that, I focus on the strength of the defense case and ways to strenghten it.

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

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Answered on 11/10/08, 5:05 pm


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