Legal Question in Criminal Law in Minnesota

my son took a $2.00 fishing lure from a store without permission so he stole it and he recieved a letter from the police dept saying that he was eligible for a program so he did not have to go to court it would be $100 fine a class and community service should he take the offer or go to court my son is really worried and scared. He is going off to college and wanting to get a job is there any way if he goes to court that it could be a lesser charge than a misdermeaner or should he take the offer of the letter? which is still a misermeaner , also he has never done anyting like this or been in any trouble with the law at all . Thank you.

Asked on 8/18/13, 5:38 pm

2 Answers from Attorneys

Tricia Dwyer Tricia Dwyer Esq & Assoc PLLC
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Hello. Due to the seriousness of the offense and the many potential negative repercussions in your son's life, I urge that your son have attorney counsel and assistance. The many long-lasting negative collateral consequences may be worse than the criminal. Some attorneys are available seven days for emergency legal needs. Many attorneys will confer initially at no charge. Then, if legal work is performed, some attorneys will provide a reduced fee for financial hardship. Some attorneys may also assist in a limited scope manner to conserve legal costs. All the best.

Tricia Dwyer, Esq.

Phone: 612-296-9666

THEFT - SHOPLIFTING LAW

CRIMINAL LAW

CRIMINAL EXPUNGEMENT LAW

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Answered on 8/18/13, 5:59 pm
Thomas C. Gallagher Gallagher Criminal Defense Services
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Most pretrial diversion programs are good for the first time, low level offender when offered - provided they do not involve a guilty plea or a conviction of a crime of a petty misdemeanor. Unfortunately, in some Minnesota counties some prosecutor's offices have so-called "pretrial diversion programs" that fail to meet that minimum standard. Why does it matter? Because if there is a guilty plea or a conviction (even a petty misdemeanor conviction), statutory expungement under Minnesota Statutes Chapter 609A would be unavailable. Try to find out if the diversion program meets this criteria. If not, consider retaining a lawyer to help keep his record clean.

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Answered on 8/18/13, 8:30 pm

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