Legal Question in Criminal Law in Minnesota

Re: Theft

Generally speaking, you will be required to pay restitution and a fine and be placed on probation. It is unlikely that any Judge would require jail time. With the help of a lawyer, you may walk away without a record. On a first offense, you may be placed in a diversion program that results in no criminal record.

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Re: Theft

The maximum penalty for theft depends upon the value of the property stolen. Over $35,000 = 20 years. Over $2,500 = 10 years. Over $500 = 5 years. Over $250 = one year. $250 or less = 90 days. These are maximums, assuming no priors and no special circumstances.

Generally, a judge may sentence a person convicted of a crime to a sentence up to the maximum, but must follow the Minnesota Sentencing Guidelines if a felony, and follow any applicable mandatory minimum sentencing statutes. Within that framework, a judge may have a great deal of discretion to do what she thinks is fair punishment to fit the crime.

I'll just assume that in your example the shoes were of total value less than $250, and you have no priors. That would be charged as a misdemeanor, so the felony sentencing guidelines would not apply, at it would be up the judge, up to 90 days maximum.

When I have clients in such a situation I usually recommend a goal of trying to avoid a criminal conviction (this would also mean no jail at all). There are several ways a criminal lawyer can accomplish this. (But, if accomplished, this will only be done for a person once in their lifetime.) If a conviction is avoided, the person can later have a lawyer seek a court order form the judge expunging, or sealing from public view, their criminal record of ever having been arrested and-or charged. This will help them get a good job, apartment, etc.