When your’e charged with a crime, one of the things you should think about is how the charge affects your job, career, college, or housing prospects years down the line. There are three most important factors in determining how it will affect your future is (1) the charge itself, (2) the consequences of conviction, and (3) the possible sentence, including probationary conditions. Some charges will automatically disqualify you from certain jobs. For example, certain employers will fire you if you’re even charged, and not convicted, in driving offenses which could implicate your insurability as a driver, or for crimes against persons which could implicate your license as a healthcare worker. Also, the charge alone for domestic assault (without so much as a conviction) has certain implications for firearms possession which will disqualify a person from jobs in security and the military, including National Guard M-Day positions. The conviction for your crime may invoke statutory requirements such as sex offender registration, drivers license revocation, or deportation. The sentence may include jail time, either stayed or imposed, a fine, and special probationary conditions, such as participating in treatment, securing employment, paying restitition, and remaining law abiding.
The first thing to understand is the level of your charged offense. In most cases, if you receive a citation for an offense violation, the ticket will not indicate your level of offense. To understand the level, you must look at the statutory citation on the ticket, then look up that cite in Minnesota statutes, where it will tell you the level of offense. In Minnesota, you can be charged with a 4 different levels of offenses: (1) Petty Misdemeanor, (2) Misdemeanor, (3) Gross Misdemeanor, or (4) Felony.
A Petty Misdemeanor is commonly a speeding ticket, parking ticket, running a stop sign, possession of a small amount of marijuana (not in a motor vehicle) or anything on the statewide payables list. It’s called the payables list because you can send in a check with your ticket and not have to appear in court. Crimes which appear in Minnesota statutes as Misdemeanors automatically qualify as Petty Misdemeanors if they appear on the statewide payables list. A Petty Misdemeanor is not considered a crime because no jail time is possible. The maximum penalty is a $300 fine. If an application for a job or housing asks, “Have you ever been convicted of a crime?” you can honstly answer “NO” if your offense was a Petty Misdemeanor in Minnesota, because Petty Misdemeanors are not classified as crimes, but as “minor offenses.” Many Petty Misdemeanors are traffic offenses found in Minnesota Statutes Chapter §169. Some jusrisdictions offer opportunities to keep these pettys off your record through contractual agreements. In Saint Paul they are called CFDs (Continuance for Dismissal), in Minneapolis they are called CWOPs (Continuance Without Prosecution).
A Misdemeanor is the widest classification of crimes in Minnesota. Common examples of Misdemeanors are Theft (shoplifting), DWI (1st offense), Driving After Suspension, Driving After Withdrawal, Expired Tabs or Expired Registration, Trespassing, Disorderly Condict, Obstructing Legal Process, and municipal code violations such as Dog Running At Large, Illegal Gambling, or Burning without a Permit. Misdemeanors involve a mandatory court appearance unless they appear on the statewide payables list. The maximum penalty for a misdemeanor is 90 days in jail and a $1000 fine. Bail or bond for release on a Misdemeanor can be no more than $2000.00.
Gross Misdemeanors are often Misdemeanors enhanced by a prior offense of the same type, or by a greater amount of damages alleged by the offense. Gross Misdemeanor is the lowest offense for which a formal criminal complaint is statutorily required under Minnesota law. Common examples of Gross Misdemeanors include DWI (2nd/3rd Degree), Theft (over $500), Transaction Card Fraud, Check Forgery, 4th Degree Burglary, Weapons Charges or Gun Charges, or Domestic Assault (with a prior QDVRO). The maximum penalty for a Gross Misdemeanor is 1 year in jail (commonly the county workhouse) and a $3,000.00 fine. Bail or Bond for a Gross Misdemeanor often depends on the type of charge and cicumstances. Maximum bail for a DWI is $12,000.00, and $30,000.00 for Domestic Assault realted offense. Lesch Law Firm can help you negotiate terms and information from bail bond agents to help secure your early release.
A Felony is the highest level of crime in Minnesota. A Felony means possible prison time. The charge could be as straightforward as violation of an order for protection or a .08 DWI, if there are sufficient enhancement factors present, or it could be as complicated as murder, human trafficking, arson, or controlled substance possession. Felonies are extremely serious charges as they have lifelong implications. If the penalty for your charged crime includes a fine of more than $3000.00, or more than a year in jail, then it’s a felony. Felonies have no maximum fine or jail time, and no maximum bail.
Your sentence may be handled in various ways. We have listed them in order of ascending seriousness, based on the severity of consequences.
Dismissal – charge was filed with the court, but dismissed. Arrest records and charge records still exist in the system. Charge is ripe for an expungement motion, usually granted.
CFD/CWOP – Charge filed with the court. Arrest records may still exist. For an additional fee, the charging jurisdiction will offer to dismiss the charge if no same or similar charges are incurred, typicall for a year from teh date of the agreement.
Pre-Charge Diversion – Similar to CFD/CWOP, but offered in some counties. Diversion program required.
Diversion – Charge filed with the court, but diversion program offered. Dismissal offered if diversion program completed under the terms of the diversion contract.
Stay of Adjudication – charge filed, admission of guilt entered on record, plea not accepted by judge; typically dismissed if no same or similar for a set time (often 1 year). This is often a very good deal, but defendants with immigration consequances should be aware that, under the terms of federal immigration law, an admission on the record is tantamount to a conviction, sometimes resulting in deportation proceedings.
Stay of Imposition – admission of guilt entered on the record, plea accepted by judge, but imposition of sentence stayed conditioned on certain requirements (which may involve jail time). Successful completion of conditions can result in a lower level conviction on your record (for example, a Gross Misdemeanor reduced to a Misdemeanor).
Stay of Execution – admission of guilt entered on the record, plea accepted by judge, sentence imposed but stayed by judge pending completion of probationary conditions, which may include jail time.
Executed Sentence – plea entered, accepted, sentence imposed with jail time and/or fine. No probation. These sentences are sometimes, but not always, imposed for hardened criminals which the court believes will not be successful under the terms of probation.
Consulting with an experienced attorney is important if you are to understand the full range of implictions for your drivers license, your career, your housing opportunity, and your livelihood. Let the experienced attorneys at Lesch Law Firm guide you through the process to achieve the best possible results.