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Well Known Theft Lawyers in Minneapolis, Minnesota

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Four Minneapolis Theft Attorneys, One Powerful Law Firm

Attorney Kyle Dreger

Kyle Dreger

Attorney Gerald Miller

Gerald Miller

How Can Our Theft Attorneys in Minneapolis Help You?

Petty Theft vs. Grand Theft

Retail Theft

Possession of Stolen Property

Intangible Theft

Generally, theft is taking property without the owner’s consent with the intent to permanently deprive the owner of the full use and enjoyment of that property. Certain forms of auto theft, like joyriding, do not have the same intent element. All levels of theft are serious offenses. Additionally, theft is a crime of moral turpitude. So, a conviction has significant collateral consequences.

The compassionate professionals at Gerald Miller, P.A. understand how frightening theft charges can be. So, we work hard to prepare your defense. That action gives you additional peace of mind. Because of our thorough preparation, we often successfully resolve these cases out of court. Frequently, that resolution means the defendant walks away without a criminal conviction.

Petty Theft vs. Grand Theft

Generally, the value of the property determines the difference between petty and grand theft. If the property is worth less than $1,000, the offense is a misdemeanor (petty theft). An amount greater than that is a felony (grand theft). The maximum penalty for grand theft is twenty years in prison. Depending on your case facts, a Minneapolis Theft Lawyer may be able to help minimize such severe sentences.
In other cases, the item makes a difference. The offense is grand theft, regardless of value, if the item at issue was a:

  • Motor vehicle,
  • Firearm,
  • Trade secret,
  • Controlled substance, or
  • Explosive device.

As mentioned, theft is the taking of another person’s property, normally with the intent to deprive the owner of the property’s full use. All these areas are subject to challenge.

The taking element is normally straightforward, although a lack of admissible evidence might be an issue. Normally, the owner must appear in court and give credible testimony. Given the enormous time gap between the theft date and the trial date, prosecutors often have a hard time securing such testimony. Intent to permanently deprive is difficult to prove in many cases, especially retail theft matters.

Retail Theft Defense

Contrary to the popular myth, authorities can detain retail theft suspects in the store itself. However, if authorities jump the gun, these defendants can claim they intended to pay for the item. Additionally, the listed “owner” is usually a store security officer. By the time the trial date rolls around, this person is often long gone.

Because of these inherent weaknesses, a Minneapolis Theft Attorney has a number of resolution options. Frequently, defendants are eligible for pretrial diversion. If the defendant makes restitution and completes some other program requirements, prosecutors dismiss the charges.
Some retail theft cases are grab-and-run cases. Others are complex scams. Intentional under-ringing is a good example. A shopper brings a high-value item and a low-value item to the register. The cashier only scans the low-value item. Later, the two split the booty.

Possession of Stolen Property

Purchasing or retaining property that the defendant knew was stolen constitutes theft. Circumstantial evidence is admissible to establish the necessary state of mind.

Assume Carlo collects baseball memorabilia. Someone offers to sell Carlo Hank Aaron’s record-setting home run ball for a very low price. Carlo does not actually know the ball was stolen.

The circumstantial evidence against Carlo might hold up in court. Due to the very low price and rather odd circumstances, prosecutors can argue that Carlo knew the ball was stolen. In response, a Minneapolis Theft Lawyer can guide Carlo to argue that he thought the ball was a fake.

Intangible Theft Defense

Online theft, or intangible theft, usually involves the theft of information. Some examples include:

  • Trade secrets
  • Credit card information,
  • Identity, and
  • Personal information.

In addition to grand theft charges, these individuals could face other charges as well. Frequently, these offenses involve fraud or deception.
Generally, intangible theft charges involve lengthy investigations. Since law enforcement agencies invest considerable resources in these investigations, officers often take illegal shortcuts to make an arrest.

These shortcuts sometimes involve search warrant issues and other procedural defenses.

It is important to remember that theft charges are different from robbery charges. When theft is involved, working with a Minneapolis Theft Attorney may be more beneficial compared to working with a Robbery Defense Lawyer in Minneapolis.

Frequently Asked Questions

Technically, store security officers have no jurisdiction beyond the store’s property line, unless they are engaged in hot pursuit. However, local law enforcement officers have no such constraints. Therefore, it is more difficult, but not impossible, to arrest retail theft defendants after they leave the store.
Identity theft is a serious felony. So, assertive representation is a must-have. Common identity theft defenses include a lack of evidence and a procedural error, like a failure to timely administer Miranda rights.
There are basically two types of expungement in Minnesota. Typically, judges have an absolute right to erase judicial records. They will do so if such action would benefit the defendant. Arrest records are also expungable in some cases, especially petty theft arrest records.
Taking a physical card or a card number without the owner’s permission is theft. Using, or attempting to use, such stolen information is usually credit card fraud, which is a separate and more serious offense.
Misdemeanor theft could mean up to a year in jail. Furthermore, theft is a crime of moral turpitude. A conviction could haunt the defendant for many years. A partnership with an experienced Minnesota defense lawyer is the best way to avoid these consequences.

How We Make A Difference For You

See What Our Clients Say

Jerry Teague
Jerry Teague
Jon Thao
Jon Thao
nick bialon
nick bialon
I had a great experience working with Gerald Miller and his law firm. Both Gerald and Kyle did exceptional work on my case. They were very attentive to any and all questions I had regarding my case and they did a phenomenal job defending my case. I wouldhighly recommend Mr. Miller’s law firm to anyone looking for a defense attorney.
ANT ROB4
ANT ROB4
Attorney Miller is Great although his firm didn't handle my kind case he advised me on a few things then help find a good conciliation attorney I appreciate you Thanks again! The Boss
Yer Thao
Yer Thao
I was having a hard time choosing which law firm to pick to represent me in mu DWI case. This was my first DWI and had no idea what to do. I was scared and stressed. I talk to a few other lawyer before I settle with Gerald Miller P.A and they did not make me feel like I was in the right place. After searching for a while. I came upon Gerald Miller P.A and they had great reviews. Gerald made time to meet with me on a weekend. I am so glad that I went to meet him. He made me feel like he care and he truly knowledgeable. He was the person I met in the beginning, but another associate represent me. Although Gerald wasn't there is person and I know their whole team work together on my case. Kyle is a great lawyer and always there when I have questions. He always up front with me and keep me in the loop. I really appreciate everything that did for me. I am truly blessed that Kyle gotten my case down to reckless driving. I am truly grateful. Thank you for doing such an amazing job!
Nabila Mahamed
Nabila Mahamed
I recently had the pleasure of working with Gerald Miller, and I can't recommend him highly enough. From our first interaction, Gerald demonstrated a remarkable commitment to my needs as a client. He took the time to understand my case and went above and beyond to ensure that every detail was addressed. If you're looking for someone who genuinely cares about their clients and delivers exceptional results, look no further than Gerald Miller.

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