Legal Question in Criminal Law in Minnesota

charged with wrongfully obtaining assistance which is a felony. my attorney told me by pleading guilty it would only be a gross misdemeanor on my record.

I dont understand why I signed my name and swore that I agreed to the charge, which was a felony. Was my attorney telling me the truth about my record reflecting only a gross misdemeanor? I have no experience with legal issues and have a completely clean record, not even traffic tickets. I work as a youth counselor and cannot have a felony conviction. My future depends on this.

I'm very passive with my attorney. He is a public defender that I didnt qualify for initially but was granted one after consulting etc and presenting need to court. He's a rather angry fellow and very busy. He doesnt like questions and doesnt have any contact with me other than when we are literally at court, he pulls me out for 2 min to let me know whats going on.


Asked on 7/10/10, 12:56 pm

1 Answer from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

Thank you for the post.

As you may know, a charge of welfare fraud is a felony. As a result, a conviction can have significant implications including possible prison time and fines. A conviction would also have collateral consequence precluding you from exercising a number of civil rights including registering should you relocate to a different state and a loss of your voting privilege. A conviction may also affect employment and a person's ability to rent an apartment.

Certainly, there are many defenses to a charge wrongfully receiving public assistance. A prosecutor must show that there was an "intent" to commit an offense. in other words, a reasonable mistake can result in an acquittal. Often, diversion programs may apply where you can avoid a conviction altogether based on certain probationary requirements.

I can assist you and have more than 19 years of experience handling such criminal matters. Often, knowing your particular prosecutor or Judge is half the battle.

For a FREE consultation call 612.240;.8005.

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Answered on 7/10/10, 7:06 pm


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