Legal Question in Criminal Law in Minnesota

Will the State of Minnesota extradite on a misdemeanor shoplifting/theft from any other state? A misdemeanor warrant only lasts one year here, so I am wondering if in that year, can they extradite you for this?


Asked on 1/09/11, 12:21 pm

2 Answers from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

They could, but the prosecuting jurisdiction would have to pay for it, so it is unlikely to actually happen on smaller misdemeanor case. Sometimes they have the effect of harassing the subject, by causing them to be taken into custody, held for days or weeks, only to be released after the prosecuting jurisdiction declines to have the subject transported.

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Answered on 1/14/11, 3:02 pm
Maury Beaulier612.240.8005 Minnesota Lawyers

It is certainly possible. regardless, if you are pulled over in any other jurisdiction for any reason, the warrant will come up and you can be placed in jail for a significant period while the oprosecutor makes a decision as to whether extradition will be sought. That can occcur multiple times. As a general rule, you are far better off seeking to defend against the charge.

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.

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Answered on 1/16/11, 8:57 am


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