Class C Felony Theft

What is the name of your state? Minnesota

Hi, let me start out by telling my story. when I moved to my new appartment, after about 1.5 months, I met this guy that seemed a little suspicious.. He was digging through my closet looking for things, and he told me that we should go for a little ride. He bring me to an elemenry school. Now, I'm being honest to god. I NEVER would have done ANYTHING like this if I would have never met this guy. Now, He and I whent to the back door of the school, and HE uses a screwdriver to force the door open. I was hesistant to go inside. Once we have gotten inside, he broke about 4 windows to see if there was anythting in the offices he could steal, then he broke into a media type room, and he handed me 3 apple Ibook computers. It just so happenes that there were cameras in that one room. The camera shows me carrying 3 laptop computer out of the room. he took 3 digital cameras, and a projector. Detectives caught up with me cuz BOTH of us pawned these items off. Now I whent to court just today and I am being charged with a Class C Felony Theft. This is my FIRST offence, my record is clean. The property value is about 5000 dollars that we took. windows broken over 500 dollars. This other guy can not be found. The only reason I have decided to go with him is because he did always carry a pocket knife (a big one) everywhere he whent. he said he was california, and that he was in a gang. I was afraid that if i didnt help him, he would have done something. and he knew where I lived too. Now, When I go back to court, what do you think my chances of going to jail are?? This is my very first offence. I am very sincere, and sorry for what I have done, and I have learned my lesson. Would they think about putting me on House Arrest? I am scared to DEATH! I am a computer nerd type kid, not a hard up criminal. What do you think the judge will give me. please help. thanks

I hate to have to be the one to tell you this, but they've heard that story before.



Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat.

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and the ticket not go on your record, if applicable.


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter is pregnant/sick/dying/dead/crippled and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this.

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.”)

https://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender’s advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.

duddy11 said:

What is the name of your state? Minnesota

Hi, let me start out by telling my story. when I moved to my new appartment, after about 1.5 months, I met this guy that seemed a little suspicious.. He was digging through my closet looking for things, and he told me that we should go for a little ride. He bring me to an elemenry school. Now, I'm being honest to god. I NEVER would have done ANYTHING like this if I would have never met this guy. Now, He and I whent to the back door of the school, and HE uses a screwdriver to force the door open. I was hesistant to go inside. Once we have gotten inside, he broke about 4 windows to see if there was anythting in the offices he could steal, then he broke into a media type room, and he handed me 3 apple Ibook computers. It just so happenes that there were cameras in that one room. The camera shows me carrying 3 laptop computer out of the room. he took 3 digital cameras, and a projector. Detectives caught up with me cuz BOTH of us pawned these items off. Now I whent to court just today and I am being charged with a Class C Felony Theft. This is my FIRST offence, my record is clean. The property value is about 5000 dollars that we took. windows broken over 500 dollars. This other guy can not be found. The only reason I have decided to go with him is because he did always carry a pocket knife (a big one) everywhere he whent. he said he was california, and that he was in a gang. I was afraid that if i didnt help him, he would have done something. and he knew where I lived too. Now, When I go back to court, what do you think my chances of going to jail are?? This is my very first offence. I am very sincere, and sorry for what I have done, and I have learned my lesson. Would they think about putting me on House Arrest? I am scared to DEATH! I am a computer nerd type kid, not a hard up criminal. What do you think the judge will give me. please help. thanks

Click to expand...

What was the exact charge you are being charged with. (Look for the code.)

Is it MN code 609.52, if so what was the value of the property? Or what is the number after the 609.52 number?

It says the folllowing under List charge statute only.

I. Sthingy 609.52, Subd. 2(1) and Subd. 3(2)
II. 609.528, Subd 2(d

The value of the property is $5,522

If that helps. I have a public defender btw.

I have a full time job. would they deprive me of that, and put me in jail? That would only take longer for me to pay the person back for the stolen property

duddy11 said:

It says the folllowing under List charge statute only.

I. Sthingy 609.52, Subd. 2(1) and Subd. 3(2)
II. 609.528, Subd 2(d

The value of the property is $5,522

If that helps. I have a public defender btw.

Click to expand...

From MN statutes:
609.52 Theft.

Subd. 2. Acts constituting theft. Whoever does any of the following commits theft and may be sentenced as provided in subdivision 3:

(1) intentionally and without claim of right takes, uses, transfers, conceals or retains possession of movable property of another without the other's consent and with intent to deprive the owner permanently of possession of the property.

--------------------

Subd. 3. Sentence. Whoever commits theft may be sentenced as follows:

(2) to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both, if the value of the property or services stolen exceeds $2,500, or if the property stolen was an article representing a trade secret, an explosive or incendiary device, or a controlled substance
listed in schedule I or II pursuant to section 152.02 with the exception of marijuana.

----------------------

You lost me on this one:


609.528 Possession or sale of stolen or counterfeit check; penalties.

Subd. 2. Crime. A person who sells, possesses, receives, or transfers a check that is stolen or counterfeit, knowing or having reason to know the check is stolen or counterfeit, is guilty of a crime and may be punished as
provided in subdivision 3.

Subd. 3. Penalties. A person who violates subdivision 2 may be sentenced as follows:

(1) if the offense involves a single direct victim and the total, combined loss to the direct victim and any indirect victims is $250 or less, the person may be sentenced as provided in section 609.52, subdivision 3, clause (5);

2) if the offense involves a single direct victim and the total, combined loss to the direct victim and any indirect victims is more than $250 but not more than $500, the person may be sentenced as provided in section 609.52, subdivision 3, clause (4);

(3) if the offense involves two or three direct victims or the total, combined loss to the direct and indirect victims is more than $500 but not more than $2,500, the person may be sentenced as provided in section 609.52, subdivision 3, clause (3); and

(4) if the offense involves four or more direct victims, or if the total, combined loss to the direct and indirect victims is more than $2,500, the person may be sentenced as provided in section 609.52, subdivision 3, clause (2).

Which is the same potential punishment as listed above.

Yes, you do need an attorney. No one can say what the exact outcome will be, but you do see what the potential outcome could be.

Forget the, "He forced me to do it" story. Nobody's going to buy that, especially with how badly you tell it.

Go with, "I'm sorry, I want to pay them back, and I need to keep my job to do it."

If you haven't been in trouble before, you have a good shot at probation.

They'll provide you with a full time job. It pays about 4 cents an hour and is stamping license plates.

You can pay the rest when you get out.