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Well Known Theft Lawyers in Minneapolis, Minnesota

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Criminal & DWI Defense

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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

Tim Stocker
Tim Stocker
12:11 11 Jun 24
Brodie Hacken did a great job for me. Gave me all the scenario's to be able to make a very informed decision as to which way to proceed.
Ryan Kirmeier
Ryan Kirmeier
21:19 04 Jun 24
He gave me great information during a free call and wasn't pushy. This definitely calmed me down and helped me find a clear path forward.
Noah LaLonde
Noah LaLonde
01:46 28 May 24
Kyle Dreger with Gerald Miller is great. He was able to explain everything about my case and give me good peace of mind, and in the end got me the best outcome. If (god forbid) I ever need representation again, I'd definitely choose him again.
Kyle Hawes
Kyle Hawes
00:14 23 May 24
I hired Gerald Miller law to handle a very difficult case they went above and beyond my greatest expectations. Brodie Hacken listened to my concerns always reached out to see how I was doing then we sat down in cities couple times face to face and established a game plan how to proceed and I couldn't be happier with the outcome from this Law Firm. Highly recommended if I had a son or daughter in big trouble id trust my own children with Brodie Hacken do yourself a huge favor dont be cheap you'll pay way more later and probably never regain your Liberties and true freedom back ever again if you don't just call Gerald Miller these guys know how handle felony cases....
Victoria Kameni
Victoria Kameni
13:38 29 Apr 24
Tyler Dahlen at Gerald Miller is amazing. My case took some time and Tyler briefed me every step of the way, called me, kept me from losing my mind and was genuinely supportive. Tyler was able to find a way to present my case which resulted in a much better outcome than if I had taken this journey alone. I recommend Gerald Miller and specifically Tyler to anyone who finds themselves needing these services.
Linda Zieser
Linda Zieser
18:03 24 Apr 24
I highly recommend this law firm. Tyler Dahlen handled my case. he is a true professional. He made sure to explain everything to me and got me the best possible outcome. I can't thank him enough.

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