Legal Question in Criminal Law in Minnesota

Usually department stores have photo or video images, or both, of the people they claim were caught shoplifting. If you were not there, which is an "alibi defense" (you were elsewhere), and they have images of the person they claim to have caught shoplifting, it should be easy enough to compare those images to you. If they do not match, presumably the prosecutor will dismiss the charge and the store will drop the civil penalty claim.

If you have trouble, seek a defense lawyer (like me).

Thank you for the post.

First, a misidentification on a criminal offense can have serious reprecussions. Just because you know it was not you, does not mean the prosecutor will. You must present evidence in your defense which includes evidence of misidentificatioin. That may include acquiring video evidence (which is usually only available for a very short period...maybe 30 days) or by acquiring statements from the loss prevention officer. You should hire counsel.

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.