Princeton, MN asked in Criminal Law for Minnesota

Q: I found a phone at casino 4 months ago was gonna turn it in but got in argument with fiance & left casino but realized

& left it in the parking lot now being charged with theft is this legal even though I never kept the phone & I talked with security & was banned from casino for year & told charges weren't being pressed?

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

A: A person facing a theft charge in court needs help from their own criminal defense attorney. The prosecuting attorney has no personal knowledge, and is prosecuting based upon what they've been told. So, the legal process requires perseverance, patience, and sustained effort over time, in order to get the best outcome. The defendant should avoid speaking as much as possible, except through their defense attorney. Since theft in Minnesota generally requires proof of "intent to deprive the owner permanently of possession of the property," the facts asserted in the question would support a "not-guilty" verdict. If you don't already have a defense attorney, contact one soon about retainer.

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