Legal Question in Criminal Law in Minnesota

I text a 16yr old a message that was sexual in nature. Her dad reported it to the police. I am 26yrs old and her boss. She does not want to pursue anything, however, the police turned the report over to the county attorney.

My question is, does the county attorney have to pursue further if the complaint does not want to? And if so, what kind of legal action could I be convicted of?


Asked on 8/12/09, 4:01 pm

2 Answers from Attorneys

John Arechigo Arechigo & Stokka, LLP

The County Attorney may still decide to file charges against you if they feel a crime was committed. Keep in mind, though, that probable cause must exist to charge someone with a criminal offense. Even though the County Attorney may decide to file charges does not necessarily mean probable cause exists for doing so. That is a question only a judge can answer.

Depending on the nature of the text message, you may be charged with some type of felony level solicitation-related offense, which carries a punishment of 0-3 years imprisonment and/or a $5,000 fine.

Please feel free to contact me at 651.222.6603 for a further consultation.

Read more
Answered on 8/17/09, 4:13 pm
Maury Beaulier612.240.8005 Minnesota Lawyers

A prosecutor may charge a criminal offense if the prosecutor believes that there is probable cause to do so. That is true regardless of the victim's wishes. However, the case is significantly weakened if the victim appears unwilling to cooperate and/or testify. That does not result in the case being dismissed necessarily, but may compelthe prosecutor to seek a plea to some lesser offense.

Solicitation of a minor may result in a very serious felony charge that is also considered a criminal sexual offense which means that a person convicted would be required to report as a sexual offender. The criminal penalties may be uo ro 3 years in prision and a $5000 fine. As a result, the stakes are very high.

I have 18 years of experience in such matters and would be happy to offer a free consultation.

For a consultaion call 612.240.800 or visit criminal-law.tv.

Read more
Answered on 8/17/09, 5:35 pm


Related Questions & Answers

More Criminal Law questions and answers in Minnesota