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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

abdiqani jamal
abdiqani jamal
05:28 04 Mar 23
For 2 years of my life I lived in fear and anxiety of prison and having my record ruined for the rest of my life at such a young age over a crime I never committed. For that time I worked with this law firm on this case and the professionalism and care I received was one I have never seen before in my life. We ended up taking the case to trial and quite honesty what I saw was unbelievable, Brody was one of the greatest lawyers I have ever come across in my life, the attention to detail, the hard work, and intelligence was out of this world we won a unanimous decision of not guilty and to say that I have been satisfied with choosing this law firm is a complete understatement. I truly believe that if I had not been working with this firm and my lawyer was not Brody Hacken I would not have received this victory and I would be sitting in a prison with my entire life ruined today. I mean this with all sincerity thank you so much for saving my life.
Doug Fanning
Doug Fanning
12:55 02 Mar 23
Gerald Miller helped me with a bizarre situation. Something was illegal that most of us would not think it was. Gerry was able to use his years of experience and long time relationships to get the charge adjudicated. This saved my job and I am ever grateful to Gerry. Great law firm with established roots in the community.
Richard Huntley
Richard Huntley
21:42 16 Feb 23
Reached out to Kyle for some clarification and guidance in my situation and he was very helpful and took the time to ensure he understood the situation before answering my questions. Don’t hesitate to reach out.
Jaime Miller
Jaime Miller
15:32 18 Jan 23
Sumanth Prakash
Sumanth Prakash
18:28 05 Jan 23
Very comforting and helpful !! I really looked up to them and very responsive at any time
Austin Thompson
Austin Thompson
16:08 27 Dec 22
In my own experience with Mr. Kyle dreger, he was incredibly professional and down to earth while simultaneously being comforting and light hearted to work with on my case. He managed to lower a possible several year prison sentence down to a year of house arrest with probation time. I would recommend Mr. Dreger to anyone in need of legal assistance. Mr. Dreger fought for me to ensure I got the best possible outcome from my case

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