Saint Paul, MN asked in Criminal Law for Minnesota

Q: If I pay for a stolen item am I admitting to the crime and can be charged

A lost prevention agent is threatening to charge me with Eating and abetting felony theft if I don’t give him $1700 by Friday how can I be assured that he won’t charge me anyway

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3 Lawyer Answers
Jonathan Matthew Holson
Jonathan Matthew Holson
Answered
  • Criminal Law Lawyer
  • Saint Cloud, MN
  • Licensed in Minnesota

A: The civil forfeiture is separate from potential criminal charges. Paying the claim to the loss prevention agent (or the company where the alleged theft occurred) will not protect you against criminal charges. In any event, the company doesn't get to "waive" charges against you. That is a decision that the prosecuting attorney (city attorney or county attorney) for that jurisdiction gets to make. It is worth consulting directly with a criminal defense attorney about this issue. Most will give you a free consultation, including by phone given the current COVID-19 issues.

Thomas C Gallagher
Thomas C Gallagher
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: Potentially, yes. But there is a way to pay a disputed claim without admitting wrongdoing. This is best done through your attorney. Also, such a demand should be reviewed for the potential for fraud on the part of the "loss prevention agent." Don't be a victim. Call a criminal defense attorney.

Mark William Perron
Mark William Perron
Answered
  • Criminal Law Lawyer
  • Hugo, MN
  • Licensed in Minnesota

A: Definitely call and defense attorney on this onw. Paying back the claim is really inconsequential to possible criminal charges you could face. It seems shady that agent is directly requesting payment. Consult an attorney immediately as something does not smell right.

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