Legal Question in Criminal Law in Minnesota

Need info to help neice ASAP!

My neice is 16 yrs old used to work at Shopko. She was fired for stealing money. Shopko says that she stole $500. But, they only have her stealing $100 on video. Then, they questioned her with out a parent or legal representation present during questioning. They also made her sign a confession letter stating that she stole $500. After they got her to sign the letter, they then toldher that she didn't have to talk to them or answer any of their questions until her parents or an attorney arrived. Now, wouldn't this fall under illegal practices? Then, they sent her parents a letter stating that they were seeking $900 in restitution. Now, how can they do this if they only have proof of her stealing $100?

I need all info that would pertain to this case immediately before they have to go to court. The parents can't really afford an attorney. So, I told them that I would find out any and all info that they needed. Thank you.


Asked on 12/10/03, 11:58 am

3 Answers from Attorneys

John Alme Alme & Strootman, L.L.P.

Re: Need info to help neice ASAP!

It's not uncommon in those situations (when an employee, particularly a juvenile) is believed to have committed a theft, for interrogation to take place without a parent. The employer, of course, has good reasons for that: the child is much more likely to give information they want without a parent/guardian present and the time delay it would take to get a guardian there would take away some of the immediacy that would motivate the child to "confess". Additionally, the parent, once notified, may insist that an attorney be present or counsel the child to NOT give a statement at all. The process is questionable. Particularly the younger the child.

Confessions, to be valid, have to be "knowing and voluntary". Much of that process - the backroom questioning surrounded by adults - suggests that the confession given by your niece may not have been completely voluntary, especially if she ultimately took responsibility for taking more money than she actually stole.

She, and/or her family on her behalf, should definitely consult with an attorney. I would talk with her at no charge. I believe many other attorneys who practice in criminal/juvenile law would do the same.

Feel free to call or email me.

Good Luck.

John Alme

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Answered on 12/10/03, 8:35 pm
J. Chris Carpenter Harvey and Carpenter

Re: Need info to help neice ASAP!

This is a juvenile matter. The young woman is probably eligible for a

public defender. I strongly recommend that she apply for one. Doing

so will probably clear up a lot of this.

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Answered on 12/10/03, 12:43 pm
Thomas C. Gallagher Gallagher Criminal Defense

Re: Need info to help neice ASAP!

It is important that she have a lawyer represent her. She should be in juvenile court, which will appoint her a public defender (public-paid defense lawyer). She should discuss all the facts of her case with her lawyer.

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Answered on 12/10/03, 3:26 pm


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