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    • Michael Brandt
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      How to Get Away With Skip Scanning

      How to Get Away With Skip Scanning

      Short answer: You won’t! Stores are cracking down on the practice of “skip scanning,” which is where a shopper uses the self-checkout to bag their items while only pretending to scan and pay for some or all of them. Many stores have increased their self-checkout capacity due to the Covid-19 pandemic and skip scanning has become much more prevalent as...

      Statute of Limitations: Part 3 – Crimes with a Five-Year Limitation

      Generally speaking, there are timelines outlined by law governing when criminal offenses can be charged by the State of Minnesota. Those timelines are called the “statute of limitations” and they start running once the crime itself occurs. Crimes may have no statute of limitations or a statute of limitations of six, five, or three years. See Part 1 of this...

      Statute of Limitations: Part 2 – Crimes with a Six-Year Limitation

      Generally speaking, there are timelines outlined by law governing when criminal offenses can be charged by the State of Minnesota. Those timelines are called the “statute of limitations” and they start running once the crime itself occurs. Crimes may have no statute of limitations or a statute of limitations of six, five, or three years. See Part 1 of this...

      Robbery, Burglary, and Theft… Oh my!

      Let’s start with theft. Minnesota Statute 609.52 details various types of theft. One of the most common “thefts” is laid out in Subdivision 2(a)(1) which states: whoever “intentionally and without claim of right takes, uses, transfers, conceals, or retains possession of movable property of another without the other’s consent and with intent to deprive the owner permanently of possession of the property” has committed a theft.

      Mistake of Fact

      Is “I made a mistake” a defense to a criminal charge? As always with legal questions: it depends. If the definition of a crime requires you to think a certain way or believe certain facts, an honest mistake can sometimes serve as a defense. Let’s use the crime of theft as an example. Minnesota Statute 609.52 criminalizes various types of...

      St. Paul Police Redirect Low Priority Incidents to Online Reporting

      St. Paul Police Redirect Low Priority Incidents to Online Reporting

      The Emergency Communications Center will no longer send officers to low priority incidents to ensure officers are available to respond to high priority crimes. Instead, callers wishing to report certain types of incidents will be redirected to report online or referred to teleserve. There are nine types of incidents that emergency services will ask callers to report online: Criminal damage...

      Halloween Terrors – The Most Common Crimes Committed On Halloween

      Halloween Terrors – The Most Common Crimes Committed On Halloween

      Halloween festivities have been a long-standing tradition in America since the later part of the 19th Century. Adults, teens, and children alike dress in costumes, trick-or-treat, carve jack-o-lanterns, tell ghost stories, and eat sweet treats. Yet, parties and pranks are not the only mischiefs occurring during the night of “All-Hallows-Eve.” While approximately 175 million Americans celebrate Halloween night, crime rates...

      2018 Year in Review

      2018 Year in Review

      Below are the top criminal law changes in Minnesota in 2018. Misrepresenting an assistance animal is a crime Under Minn. Stat. § 609.833, it is now a petty misdemeanor in Minnesota to intentionally misrepresent an animal as an assistance animal to obtain rights or privileges knowing they are not entitled to such. Subsequent violations are misdemeanors. Property owners are provided...

      Restitution: General Restitution v. Identity-Theft Restitution

      Restitution: General Restitution v. Identity-Theft Restitution

      In State v. Rey, 905 N.W.2d 490 (Minn. 2018), the Minnesota Supreme Court held that “the identity-theft statute does not expressly require a district court to consider the amount of economic loss suffered by the victim or the defendant’s ability to pay when ordering restitution.” Rey argued that the identify-theft restitution statute is unconstitutional because it arbitrarily imposes a minimum...

      What Differentiates Misdemeanor Theft Charges from Felony Theft Charges?

      Minnesota has different thresholds to separate the severity of theft crimes. Generally, if the value of the property or services taken is less, then the criminal penalties are less severe. See the table below for a breakout of these thresholds. Stolen Property Crime Max Penalties Firearm; or Property/services in excess of $35,000 Felony 20 years and/or $100,000 Property/services in excess...

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