Introduction
Facing a theft charge in Minnesota can be overwhelming and confusing. Whether you’re accused of shoplifting, embezzlement, or any other theft-related crime, the consequences can be serious — even for a first-time offense.
Understanding what to expect after an arrest can help reduce the uncertainty and empower you to make informed decisions. This blog breaks down the process, penalties, legal defenses, and how an experienced attorney at Martine Law can help.
What Is Considered Theft Under Minnesota Law?
According to Minnesota Statutes § 609.52, theft occurs when someone intentionally takes, uses, transfers, or conceals another person’s property without consent — with the intent to permanently deprive the owner of it.
Common examples of theft charges in Minnesota include:
- Shoplifting
- Check fraud
- Credit card fraud
- Employee theft
- Auto theft
- Burglary
- Receiving stolen property
Each of these carries different levels of punishment based on the value of the stolen property and the circumstances of the case.
Step 1: The Arrest and Booking Process
If you’re accused of theft, the process typically starts with an arrest. Depending on the value of the alleged stolen property and whether it’s a misdemeanor or felony charge, you may be:
- Booked and released with a citation
- Held in jail until you appear before a judge
- Asked to post bail
You will be fingerprinted, photographed, and your personal belongings will be logged by authorities.
Step 2: Your First Court Appearance (Arraignment)
The next step is your arraignment, where the judge will:
- Inform you of the charges
- Ask how you plead (guilty, not guilty, or no contest)
- Set conditions of release
- Schedule your next court dates
It’s critical to have a criminal defense lawyer present, even at this early stage. If you’re facing felony theft charges, the penalties can be severe and representation is essential.
Step 3: Pretrial Proceedings
After arraignment, the case moves into pretrial, which may include:
- Discovery: The prosecution shares evidence with your defense attorney.
- Motions: Your attorney may request to suppress certain evidence or even dismiss the case.
- Plea Negotiations: You may be offered a deal in exchange for a guilty plea.
Having a lawyer from Martine Law can make the difference between a conviction and a favorable resolution. We scrutinize every piece of evidence and explore all possible legal defenses.
Step 4: Potential Outcomes
There are several possible outcomes after being charged with theft:
1. Dismissal
If the evidence is weak or improperly obtained, your case may be dismissed.
2. Plea Agreement
You might accept a deal that involves pleading to a lesser charge, such as a petty misdemeanor, to avoid jail time.
3. Trial
If the case goes to trial, both sides present their arguments. The judge or jury will determine guilt based on the evidence presented.
4. Diversion Programs
First-time, low-level offenders may qualify for a diversion program that avoids jail and allows for the charge to be dismissed after completing certain requirements like restitution or classes.
Penalties for Theft in Minnesota
The penalties for theft vary depending on the value of what was allegedly stolen and your criminal history:
- Under $500: Misdemeanor, up to 90 days in jail and $1,000 fine
- $500–$1,000: Gross misdemeanor, up to 1 year in jail and $3,000 fine
- Over $1,000: Felony, up to 5–20 years in prison and $10,000–$100,000 fines
Penalties may increase for:
- Prior convictions
- Theft involving vulnerable adults
- Organized retail theft
- Theft of firearms or explosives
Long-Term Consequences of a Theft Conviction
A theft conviction can impact your life long after the case is over:
- Difficulty finding a job
- Trouble renting housing
- Immigration issues (for non-citizens)
- Loss of professional licenses
- Reputation damage
That’s why it’s critical to fight the charge or negotiate the best possible outcome.
Common Legal Defenses Against Theft Charges
A skilled attorney may be able to challenge the theft charge using one of these defenses:
- Lack of intent: You didn’t mean to take the property.
- Mistaken identity: You were wrongly accused.
- False allegations: Someone is falsely accusing you for personal reasons.
- Right of ownership: You believed the property was yours.
- Illegal search: Evidence was gathered in violation of your rights.
At Martine Law, we investigate every detail and identify the strongest path forward for your case.
Expungement: Clearing Your Record
If you’ve been convicted of a theft charge, you may be eligible for expungement — which seals your criminal record from public view. Eligibility depends on:
- The type of conviction
- The time elapsed since completing your sentence
- Your criminal record since the conviction
Learn more about your expungement eligibility at LawHelpMN.org.
Why You Need a Theft Defense Attorney
You don’t have to go through this alone. Hiring a defense attorney from Martine Law means having someone who will:
- Review and challenge the prosecution’s evidence
- Identify legal errors or rights violations
- Negotiate plea deals or argue for dismissal
- Represent you confidently at trial
The earlier you involve an attorney, the stronger your defense will be.
Call Martine Law Today
If you’re facing theft charges in Minnesota, don’t wait. The legal process can move quickly, and every day matters. Contact Martine Law for a confidential consultation and get the help you need to protect your rights and your future.