Fraud and Identity Theft in Minnesota

Identity theft is transferring, possessing or using an identity that is not one's own with intent to commit, aid or abet any unlawful activity. Penalties are tied to the theft penalties by loss and number of victims: one victim and $250 or less, up to 90 days and $1,000; more than $250 up to $500, up to 364 days and $3,000; two or three victims or more than $500 up to $2,500, up to five years and $10,000; four to seven victims or more than $2,500, up to ten years and $20,000; and eight or more victims or more than $35,000, up to 20 years and $100,000. Financial transaction (credit or debit) card fraud is graded similarly: $250 or less, up to 364 days and $3,000; more than $250 up to $2,500, up to five years; more than $2,500, up to ten years; more than $35,000, up to 20 years.

Minnesota's rule on court-appointed lawyers: A person asks the court to appoint counsel; the court decides financial eligibility. A defendant is financially unable to obtain counsel if the defendant (or a dependent in the same household) receives means-tested assistance, or if the court finds the defendant's liquid assets and current income are insufficient to pay the reasonable costs of private counsel in that judicial district. The applicant must submit a financial statement under oath on forms supplied by the state public defender; refusing to do so waives the right to a public defender. Upon disposition of the case, a person who received public defender services shall pay the court a $75 co-payment, which the court may reduce or waive; it is a civil obligation. Minn. Stat. § 611.17

Lawyers set their own fees, and Minnesota has rules on how they may charge. See hiring a criminal defense lawyer in Minnesota for fee rules, how to check a lawyer's license and free help.

How release before trial works in Minnesota: The Minnesota Constitution provides that all persons before conviction 'shall be bailable by sufficient sureties,' except for capital offenses when the proof is evident or the presumption great (art. I, § 7). Under the Rules of Criminal Procedure, the court must release a defendant on personal recognizance or an unsecured appearance bond unless release would endanger public safety or not reasonably assure appearance; and the court must set money bail without other conditions on which the defendant may be released by posting cash or sureties (Rule 6.02, subd. 1). Factors include the nature of the offense, weight of the evidence, family ties, employment, financial resources, convictions, prior court appearances, and safety of the victim and community (subd. 2). The court must review conditions of release on request of any party (subd. 4). For warrantless misdemeanor arrests, officers generally must issue a citation and release the person (Rule 6.01). Minn. Const. art. I, § 7; Minn. R. Crim. P. 6.01, 6.02 What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See Minnesota expungement and record sealing rules.