Being accused of shoplifting in Minnesota can feel shameful, especially if this is your first encounter with the criminal justice system.
Shoplifting is not just a simple misunderstanding that can happen; even if it’s a mistake, it’s legally considered theft and can lead to criminal penalties that follow you for years and affect your future and reputation.
However, not all shoplifting cases end in a conviction. Under certain circumstances, charges can be reduced or even dismissed with the right lawyers and guidance.
If you are facing shoplifting charges, call Martine Law. We help you understand how Minnesota law treats theft, and what steps you can take to protect your record.
Minnesota Shoplifting Laws and Penalties
In Minnesota, shoplifting is prosecuted under the state’s general theft laws. The severity of the charge depends on the value of the merchandise allegedly stolen:
- Less than $500: Charged as a misdemeanor, punishable by up to 90 days in jail and a $1,000 fine.
- $500–$1,000: Charged as a gross misdemeanor, with penalties of up to one year in jail and a $3,000 fine.
- Over $1,000: Charged as a felony, which can carry prison time and fines of up to $100,000 depending on the value involved.
Even a misdemeanor theft conviction can leave a permanent mark on your record, affecting employment, housing, and future opportunities. That’s why exploring ways to dismiss or reduce charges should be your first step.
For more details on how theft cases are handled, see our Minneapolis Theft Lawyer page.
When Can Shoplifting Charges Be Dismissed?
Dismissals are possible under certain circumstances, though they are not automatic. Some situations that may lead to dismissal include:
- Lack of Evidence: If the prosecution cannot prove beyond a reasonable doubt that you intended to steal, the case may be dismissed.
- Violation of Rights: If store security or law enforcement violated your rights during search, detention, or arrest, evidence may be suppressed and the charges dropped.
- Mistaken Identity: Surveillance footage or witness testimony sometimes leads to false accusations. If your defense attorney proves you weren’t the person involved, the case could be dismissed.
- Pretrial Diversion Programs: First-time offenders may qualify for diversion, which allows you to complete certain conditions (such as paying restitution or attending an anti-theft class) in exchange for a dismissal.
A knowledgeable Minneapolis Criminal Defense Attorney can evaluate your case and determine if dismissal is a realistic option.
Pretrial Diversion and Stay of Adjudication
For many first-time offenders, Minnesota offers alternatives to a criminal conviction:
- Pretrial Diversion: This program is available in many counties. If you successfully complete all program requirements, your charges are dismissed, and you avoid a criminal conviction.
- Stay of Adjudication: In this arrangement, you plead guilty, but the court does not enter a conviction. If you meet the terms set by the court (probation, community service, etc.), the case is dismissed.
Both options are highly beneficial because they allow you to avoid a permanent criminal record, but they often require the assistance of a skilled defense lawyer to negotiate eligibility.
Defenses to Shoplifting Charges
An attorney can explore a variety of defenses to fight shoplifting charges, including:
- Lack of Intent: Accidental removal of merchandise without paying does not meet the legal definition of theft.
- Mistaken Identity or False Accusations: Sometimes witnesses are wrong, or surveillance footage is unclear.
- Insufficient Evidence: If prosecutors cannot prove every element of the offense, the case can be dismissed.
- Constitutional Violations: Illegal searches, improper detentions, or failure to read your rights can make evidence inadmissible.
Visit our Minneapolis Misdemeanor Lawyer page to learn more about defending against misdemeanor charges like shoplifting.
The Importance of Having a Local Minnesota Lawyer
Having a local attorney who understands the Minnesota court system can make a significant difference in the outcome of your case. Local lawyers know the judges, prosecutors, and available diversion programs, which can improve your chances of negotiating a dismissal or reduced penalties.
Our team at Martine Law has extensive experience representing clients in theft cases throughout Minnesota and is ready to fight for your best possible outcome.
Long-Term Impact of a Shoplifting Conviction
Even if you avoid jail time, a theft conviction on your record can create long-term problems:
- Difficulty finding employment, especially in retail or financial sectors
- Issues securing housing due to background checks
- Immigration consequences for non-citizens
- Damage to reputation and relationships
This is why it’s so important to work with an experienced defense attorney who will fight to minimize or eliminate these consequences.
Need Help Getting Shoplifting Charges Dismissed?
If you’ve been accused of shoplifting, you still have options. The sooner you act, the better your chances of avoiding a criminal record. At Martine Law, our Minneapolis Criminal Defense Attorneys are ready to investigate your case, negotiate with prosecutors, and fight for a dismissal or reduced charges.
Call us today or Contact Us to schedule a confidential consultation.