Legal Question in Criminal Law in Minnesota

felony charges

A young lady was arrested along with 3 others ( 18 and 19 yrs old) for burglary. The charges on her are 2 counts of 1st degree burglary, 2 counts of 2nd degree burglary, 6 counts of 3rd degree burglary, 1 count of theft of a firearm, also a count of drugs. She is also still on juvenile probation for a felony drug charge.

What kind of time is she looking to face?

She also wants to go into treatment.


Asked on 10/13/08, 12:13 pm

2 Answers from Attorneys

Maury Beaulier612.240.8005 Minnesota Lawyers

Re: felony charges

Thank you for your post.

Unfortunately, it is difficult to determine presumptive sentences without reviewing the case in its entirety and determining whether the charges arose out of the same set of facts and, as a result, are alternative charges aor whether ezch offense is separate.

However, a first degree burglary charge alone under Minnesota Statutes carries with it up to 20 years in prison and a $35,000 fine. As a result, it is quite clear, that potential lengthy prison time is quite possible. that is particularly ture if the person has a prior record.

We can certainly assist with your legal representation. An aggressivve defense given the nature of the charges is necessary.

For a FREE consultation call 612.240.8005.

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Answered on 10/13/08, 1:57 pm
Thomas C. Gallagher Gallagher Criminal Defense

Re: felony charges

I would need more information in order to answer that question. Reading between the lines here, if she is on juvenile probation, then perhaps she is still a juvenile. If so, and if the case is kept in traditional juvenile court, an out of home placement to County Home School could be a significant threat. If the County Attorney petitioned the court to treat the case as an Extended Juvenile Jurisdiction (EJJ) case, she could be facing an adult sentence stayed on juvenile probation conditions. Or, perhaps the County Attorney could petition to certify her as an adult, in which case the Minnesota Sentencing Guidelines could be reviewed to determine the presumptive sentence, and the number of months or years in prison.

If she or you would like to give me a call, I could discuss this further after getting more information about the situation. She may qualify for a Public Defender. She and her family may wish to provide her with a private criminal defense lawyer like me. Give me a call to discuss.

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Answered on 10/13/08, 4:17 pm


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