Legal Question in Criminal Law in Minnesota

What should I do to avoid jail time?

I know what I did was wrong, I ended up using a card that I found which wasn't mine, I paid back what was taken from the card when they allowed me to and they want to me to plea to a gross misdemeanor and do a max of 15 days jail. I work from home, I need to keep my job.. I feel discriminated against in the jail I go to hearing everyone say homophobic remarks, I have horrible anxiety attacks in situations like when I was in jail for 2 days. I want to do an ankle monitor potentially and even pay to be put on it as suggested by my lawyer, but my lawyer is saying I shouldn't ask for going on the monitoring because the prosecutor may move the charge to a felony and give more jail time.. I'm to plea guilty in the next few days.

Please help me figure out what I should do.

Asked on 9/26/17, 5:43 pm

2 Answers from Attorneys

Samuel Edmunds Sieben Edmunds Miller PLLC

If you’re not confident in your lawyer’s advice, then get a new lawyer. Do you have prior convictions? Doesn’t seem like a case where you should have to serve real jail time. Give me a call to discuss for free. 651-994-6744.


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Answered on 9/26/17, 6:38 pm
Thomas C. Gallagher Gallagher Criminal Defense

It's tough to respond to queries like this, in the middle or later in a case, with close to zero information. In general, when I have a client with no prior convictions now charged with a property crime, we're going to try to keep their record clean, by preventing a conviction. That has just about always been my past clients' priority. Jail time, while unwelcome, has always been secondary. Jail time, especially short time, can soon be forgotten. But criminal records are generally forever - best avoided in the first place. There is no leverage after a guilty plea, or close to zero. I'd suggest you try to communicate and get on the same page with your lawyer. And if you can't, get a new one immediately. But don't plead guilty unless you are sure that's the best choice still available. After a guilty plea, it's almost always too late to change anything.

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Answered on 9/26/17, 7:48 pm

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