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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16502
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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What is the typical punishment for a minor with a first offense

Resolved Question:

What is the typical punishment for a minor with a first offense shoplifting in Hennepin county Minnesota? The value of the merchandise was $36.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.

Hi Jacustomer,

His lawyer can likely negotiate a diversion disposition on a first shoplifting offense for a low amount of money. That's a special kind of supervision after which, if the minor fulfills all that's expected of him -- usually fines, community service, anti theft class and supervision -- the case gets dismissed at the end and he would therefore have no criminal conviction on his record. Short of an outright dismissal (which is never a typical disposition) this would be the best possible negotiated outcome, and while I can't guarantee he'll get it because that's always up to the prosecutor, it is readily available in Hennepin County and his background and crime would put him in the pool of highly eligible candidates for it.

Customer: replied 1 year ago.

We live approximately 2 hours from the county of occurrence. Would it be likely that community service and anti-theft class and supervision be transferred to our residence county?


Also, please explain what the supervision entails.


 

Expert:  Zoey_ JD replied 1 year ago.
Hi Jenny,

This is why the minor should have an attorney. That would have to be negotiated. It's not an unreasonable request, and I have seen courts allow it, but they certainly can insist on their own programs which report back to the court, so that the court knows that the minor isn't cutting corners.

I can't answer what the supervision entails because that too may have to be negotiated. At best, XXXXX XXXXX be unsupervised, except he must complete the requirements I've spoken of, and, of course, stay out of trouble. Otherwise, he'll be expected to report to an assigned probation officer every now and again and follow whatever terms his probation officer may add to the basics I've mentioned above, such as not being able to leave town without permission, not hanging out with others who have criminal histories, and other things that his probation officer may deem necessary based on his background. Either way, if he gets in trouble with the law again during the pendency of the case, the dismissal goes out the window and he'll have two cases to deal with.

Having supervision is more difficult and if it has to take place in another county than where you are, it may be hard on you if he's not of driving age. The prize at the end of the rainbow, however, is a dismissal, and only an acquittal at trial is better than a dismissal.

`

Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16502
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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