Legal Question in Criminal Law in Minnesota

Re: Threat of Criminal Charges

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First of all, since the credit card is paid off and some timne has passed,it is unlikely the matter would ever be charged out as a crime. The police are more likely to consider it a civil matter. If it was to be charged out, make no statements to the police. It would be a difficult case to prove. Even if that were not the case, you are likely to qualify for a diversion program requiringthe payment of restitution. If restitution is already paid, then it is likely you would walk away with no criminal record. In short, she is bluffing.

Take her to Court.

Re: Threat of Criminal Charges

WAs she aware of the fact that you obtained the credit card with her info? If so and she consented to it, she has no ground to stand on. ALso, since it is paid off and it had no negative impact on her credit, it would be difficult to obtain a conviction on any charges. A prosecutor would most likely look at it as a civil dispute.

Basically she is trying to hold this over your head but she really does not have much to hold. Take her to Court and enjoy a good relationship with your son.

Re: Threat of Criminal Charges

I read the other responses that were made to your question and I agree with both of them. My question is whether anyone has gone to court yet? If not, she could go to court in her state and gain jurisdiction there, thereby putting you at a significant disadvantage. If no one has gone to court yet, you need to today. That way you will always be in court here.

Call me directly if you want:

Joe Jacobs 216-952-1990 / 216-227-0900

Re: Threat of Criminal Charges

1. If she knew and consented to you getting a credit card in her name, there was likely no crime. Otherwise, you may be at risk of being charged with a crime for that. You would be well advised to be sure that you do not possess the credit card or use it in any way, ever again. If you do that, eventually after some number of years a criminal charge against you may be time barred by the Minnesota Statute of Limitations for crimes. In the meantime, you would be well advised to never discuss this with anyone but a lawyer in a professional, criminal defense consultation; and to certainly avoid any talk at all with police!

2. Her threat to cause you to be charged with a crime if you sue to establish paternity or custody is, in itself, a crime in Minnesota. The crime is called "Coercion," and can be found at Minnesota Statutes Section 609.27, subd 1 (5) "A threat to make or cause to be made a criminal charge, whether true or false..." which "thereby causes another to do any act or forebear doing a lawful act..." Only a government lawyer, a prosecutor, can charge someone with a crime, however, and they might or might not charge her -- even if they have strong evidence of your allegation. You might want to collect evidence of her threat -- such as save emails, transfer voice mails to tape, keep any letter where she writes the threat, etc. for such possible future use. Even if a prosecutor declined to charge her, evidence of her crime could still be useful for you, in defending a criminal charge against you based on her allegation; or, in a civil suit involving her.

3. If you "have no legal custody agreement" or court order, then it may be that you have no court order adjudicating you as the child's father. If that is true, you may be at risk of being charged with a crime relating to having the child without the mother's consent, without any legal rights of your own to the child. Therefore you would be well advised to consult with a family law lawyer, in Ohio and-or in Minnesota, about commencing a paternity case against her, to establish legal rights as the father and custody rights. Beware that your rights in this regard could diminish or be destroyed over time, as there are statutes of limitations affecting paternity cases.

I am a Minnesota criminal defense lawyer (not a family law lawyer). If you would like to consult with or look into retaining me concerning a Minnesota criminal charge or potential criminal charge, you may contact me.

My web site also has contact information:

www.lawyers.com/libertydefender