Minneapolis, MN asked in Criminal Law for Minnesota

Q: How do I go about being falsely accused of theft in a city I've never been. I don't know how to go about it to clear it.

Theft charges in a place I've never been. There's a remote hearing scheduled but I don't know what to do. They say they have a video can I or how do I request the video. What are the best steps to take.

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3 Lawyer Answers
Sarah Gad
Sarah Gad
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: You should definitely appear at your remote hearing so a bench warrant is not issued. Get a lawyer as soon as reasonably possible, or if eligible, apply for a public defender. Tell your lawyer that you want access to the video. Most lawyers will file a discovery request to obtain the video, and if you ask, they will disclose it to you. If the video corroborates your side of the story (that you were not there), tell your lawyer to file a motion to dismiss to charge/case.

Good luck.

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

A: A good start would be to get an attorney. Theft is a serious charge that can have long term consequences for you in terms of employment, housing, etc. An attorney will be prosecuting you and you need an attorney to fight for you and to protect your rights. You should apply for a public defender if you cannot afford private counsel.

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

A: Failure to appear for a court hearing can result in an arrest warrant. So, most people will want o appear to avoid that, and the problems that an arrest warrant would cause. The best first step is to get help from a criminal defense attorney - either a private or a public defender. Then your attorney will be able to get "pre-trial discovery" of the evidence and investigation materials from the prosecutor. If there is video, that should be included. If identity is an issue, your attorney should be able to help clear that up, with your help.

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