Agreement to Suspend Prosecution for Client Charged with Theft

Kelly’s client was charged with Misdemeanor Theft for allegedly stealing merchandise from a Bath and Body Works in Maple Grove. Upon initial review, it appeared as if the prosecutor had an airtight case based on video surveillance and officer observations. Kelly dug deeper, however, and found out that her client was diagnosed with Covid the day after the incident, had a high fever causing delirium at the time, and had a gift certificate with her to pay for the items. After investigation and documenting her client’s medical condition, Kelly was eventually able to convince the prosecutor there was no intent to commit theft and negotiated a continuance for dismissal, which means her client admitted no wrongdoing and the charge will be dismissed in one year if she has no same or similar offenses in that time. Avoiding a plea or any admission of guilt was critical for the client who is a nurse and would be disqualified from having contact with patients by the Minnesota Department of Human Services if she were to admit to theft.