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Law Pro
Law Pro, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 24870
Experience:  20 years trial experience in defense of criminal cases
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I am a year old first time offender who has a court appointment

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I am a 69 year old first time offender who has a court appointment in brainerd on 9/20 for shoplifting. I will plead guilty but any advice when questioned by the judge
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete excellent answer for you.

My name is XXXXX XXXXX I'm going to assist you with your question.

Please bear with me if you believe my answer isn’t coming fast enough because I’m also working with other customers too. I apologize for any seemingly late response.

Is there any question about the shoplifting event at all - whether you did shoplift?
Customer: replied 3 years ago.
I di shoplift about 30 dollars worth of merchandise in a food store. I received a citation and a court date for 9 am on Friday. I leave Minnesota on Sunday for my home in Maryland.
OK, thank you for that additional information.

If the value of the alleged property stolen is less than $250, that is considered petty theft or shoplifting and is charged as a misdemeanor in Minnesota. Depending upon the nature of the offense and whether or not there are any previous offenses on a person’s record, the punishment can result in up to 90 days in jail.

There are 4 elements that they must prove in a shoplifting case:

1) they must see the subject enter the store

2) they must see selection of item

3) they must see you conceal the item

4) they must all you to pass all points of sale and exit the store without paying

Any problem with any of those "elements"?
Customer: replied 3 years ago.
All the above points are accurate. I had walked through one of the exits but had second thoughts and was turning around to go back in when I was nabbed. The articles were in my pockets. No prior offenses and am 100% sorry for my stupidity. What to say?I know a fine is likely and since I am from out of state community service is unlikely.

Are you married? Children/grandchildren?


Any current "hardship" issues - like medical or family issues?
Customer: replied 3 years ago.
Married with 7 grandchildren. Retired and some short term memory lose--- not a diagnosed by Dr. Issue. Served for 35 years at National Science Foundation---us govt

That's actually what your defense should be (regardless if true or not) - that you are having some mental issues and have no idea what you were thinking at the time.

That you have no criminal background whatsoever - never had a ticket before.

That you are a grandmother of 7 grandchildren.

That you are retired.

That you raised ___ children to be upstanding law-abiding citizens.

That you are from out of state and were just visiting family here.

To be honest - I think the judge will drop the charges to a summary offense, levy a fine (which will be somewhat substantial ($200.00) and let you go. That the judge will not convict you of a misdemeanor given that you have no priors and this, although a serious offense, is very minor.

I would throw yourself at the mercy of the judge and state that you don't know what you were thinking at the time and that you regret the entire event.

I don't think the judge will do anything nor give you probation or anything. You are not someone they want in the system nor even prosecute.

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