Legal Question in Criminal Law in Minnesota

shoplifting

My 18 year old daughter shoplifted last summer. She has absolutely nothing else on her record and has never done anything like this before. A relative has secured a lawyer who is handling this for a reduced fee. The lawyer says the best she can get is a plea bargain with the prosecutor whereby my daughter pleads guilty and if she keeps her nose clean for one year, it is reduced to a petty misdemeanor. Will she have a record during the probationary period and how will it look to a prospective employer or college during and after that one year period? She is a 4.0 student at a local Community College and wants to apply to a 4year college and would also like to quit her job at a fast food restaurant and get a better part time job. But she is concerned that this will show up on her record and harm her chances for college acceptance or a new job. Thank you for your help.

Kathy


Asked on 10/20/08, 6:46 pm

2 Answers from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

Re: shoplifting

A guilty plea is a bad idea. It will show up on her public court record, and would not be eligible for "expungement" under Minnesota Statutes Chapter 609A. I typically have been able to help people in this situation avoid a guilty plea, though pay a fine etc. as condition of a "contiuance for dismissal" of the charge for one year. The guilty plea is the key. Don't do it.

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Answered on 10/20/08, 6:54 pm
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: shoplifting

If she pleads guilty, it will appear on her record even though a petty misdemeanor is not a criminal offense.

A strong defense is necessary which often will result in a Stay of Prosecution, also called a Continuance for Dismissal, where no plea is entered and if the person remains law abiding for a certain period (usually a year) the matter is dismissed. After the dismissal occurs, she can file an expungement to erase the record.

I can certainly assist in this matter. For a FREE consultation call 612.240.8005

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Answered on 10/21/08, 10:04 am


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