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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 29993
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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My son in law was arrested of a minor. I am trying to help

Customer Question

My son in law was arrested for solicitation of a minor. I am trying to help my daughter prepare as it reads this is a felony and will more than likely be going to jail. He lives in Minnesota.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 1 year ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

What are your questions about the charge? Is this someone he is accused of soliciting in person or online?

Customer: replied 1 year ago.
In person.
Customer: replied 1 year ago.
Is this a felony? Its all I read on the internet although I have looked up other people arrested names found in newspaper articles and there is nothing on their records.
Customer: replied 1 year ago.
Is there anyone there??
Expert:  Lucy, Esq. replied 1 year ago.

Yes, I'm here. Thank you for your patience while I pull up the right statutes for you.

It's a felony if the child is 15 years old or younger. Minn. Rev. Stat., Section 609.352.

Customer: replied 1 year ago.
I found that on the internet. Is this all you can tell me?
Expert:  Lucy, Esq. replied 1 year ago.

No, I'm still typing. Again, thank you for your patience.

Expert:  Lucy, Esq. replied 1 year ago.

This is one of the lower types of felonies, which a maximum penalty of only 3 years. If he doesn't have a criminal record, it is possible that he'd be able to negotiate a plea bargain that allows him to suspend jail time - meaning that if he fulfills all the terms of his probation, he might not have to spend time in jail. He will probably have to pay a fine and do community service. He'll be required to register as a sex offender. If they have children, he could be ordered to take parenting classes. But he's not automatically going to jail. The odds of jail are higher if he decides to fight the charge - but it's a strict liability offense, so unless this is a case of mistaken identity, that might not help be the course of action his lawyer will suggest.

Expert:  Lucy, Esq. replied 1 year ago.

Because jail time is possible, he has a right to have a lawyer represent him. If he can't afford a lawyer, the judge will appoint one at no charge.

It can take a long time between an initial arrest and a final decision in a criminal case - months, if not years. That may be why you're not seeing criminal records for people you see who have been arrested. It also depends on where you're looking.

Customer: replied 1 year ago.
I looked at the PA courts system records. I am just sick over this. I also read that if not convicted it will not be on his record or will eventually fall off. Is this true?
Expert:  Lucy, Esq. replied 1 year ago.

This is an awful situation, for you and your daughter. The court system records should be accurate. It is possible for a judge to order records sealed when they involve a minor, but usually you'd see a conviction and just the child's name would be removed. But it's possible those cases haven't been completely resolved yet.

If he's not convicted, he can file a request to have the arrest expunged from his record, so no one else can see it.

Expert:  Lucy, Esq. replied 1 year ago.

Did you have any other questions about this?

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