Legal Question in Criminal Law in Minnesota

possesion stolen property

my daughter was cuahgt at school with stolen cel phone she did not steal but was caught with on march 25th it is now april 28th how long do the ''liason police'' have to formally press charges ???


Asked on 4/28/08, 12:16 pm

3 Answers from Attorneys

William Bulmer II Law Offices of William K. Bulmer II

Re: possesion stolen property

You question deals with the issue of the Statute of Limitations. The Statute of Limitations deals with issue of how long the State of Minnesota has to charge an individual with a crime. Generally, most cases carry a 3 year limitation. That means the State has 3 years to bring charges against an individual. It appears your daughter's case falls under this situation.

One option you may consider is speaking with an attorney who can make phone calls and inquire as to the status of the case on your behalf. You want to limit your contact with the school police because these statements could be used against you later in court.

It is very common for a month and 2-4 months to pass before charges are brought. It is best to speak with a lawyer if you have concerns.

Thank you for the question. I would be happy to assist you desire.

Will Bulmer II

[email protected]

www.bulmerlaw.com

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Answered on 4/28/08, 6:18 pm
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: possesion stolen property

I am afraid that there is nothing that requires law enforcement or prosecutors to dispense with a case quickly. The statute of limitations, even for the most minor offense, runs for a term of years, not months.

Sometimes, being proactive and having an attorney discuss the matter with the school and/or police and prosecution, may avoid charges altogether.

For a consultation call 612.240.8005 or visit criminal-law.tv

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Answered on 4/29/08, 9:52 am
Thomas C. Gallagher Gallagher Criminal Defense

Re: possesion stolen property

The shortest statute of limitations period for a Minnesota State criminal charge is three years, though there are other potential defenses based upon delay. Though "fear of the unknown" can cause anxiety, generally delay favors the defense, because the burden of producing evidence of guilt is on the state. Usually the best approach is to wait, avoid reminding authorities of the case, and move on with your life in the meantime. If a crime is charged, you can deal with it then.

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Answered on 4/29/08, 1:26 pm


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