Accused of Misprision of Treason? A Minnesota Lawyer Explains the Charges Under § 609.39
You are likely reading this in a state of shock and disbelief. The charge levied against you, “Misprision of Treason,” is something most people have never even heard of, let alone thought they could be accused of committing. It sounds archaic, like a relic from a bygone era. Yet, here you are, facing a serious felony charge in Minnesota that carries the threat of years in prison and a permanent stain on your record. The accusation claims that you knew someone committed treason against the state and that you stayed silent. Perhaps you were simply in the wrong place at the wrong time, overhearing a conversation you wish you hadn’t. Maybe you were afraid to come forward, fearing for your own safety or that you would be implicated yourself. Or perhaps the entire situation is a misunderstanding, and you had no concrete knowledge of any crime at all.
The government is trying to hold you accountable not for an action, but for your silence. This is a rare and constitutionally questionable charge, and you cannot afford to face it without a formidable defense. My entire practice is dedicated to defending individuals like you against serious criminal charges across the state of Minnesota, from the Twin Cities of Minneapolis and St. Paul to Rochester, Duluth, and every county in between. I have the experience to handle complex, high-stakes cases that touch upon fundamental constitutional rights. You are facing a serious fight, but it is a fight we can win. You do not have to navigate this frightening and unfamiliar legal landscape alone.
The Crime of Silence: What Misprision of Treason Actually Means in Minnesota
Misprision of Treason is a unique and seldom-prosecuted offense. Unlike treason itself, which involves actively levying war or aiding enemies, this crime is one of omission. At its core, you are being accused of having knowledge that an act of treason occurred and failing to report that knowledge to the proper authorities in a timely manner. It is a law that criminalizes silence in the face of the ultimate act of betrayal against the state. This is not about your personal beliefs or political opinions; it is about the state claiming you had a legal duty to act as an informant, and you failed in that duty.
To be charged with this offense in Minnesota, the prosecutor must believe they can prove you were aware of a specific act of treason—not just general anti-government sentiment or heated rhetoric, but a concrete crime. The situations that could lead to such a charge are often murky and fraught with ambiguity. You might be accused because of your association with a person or group that came under investigation, or because someone trying to get a better deal for themselves has falsely implicated you. Understanding what a Minnesota Misprision of Treason charge entails is the first critical step in building your defense.
Minnesota Law on Misprision of Treason — Straight from the Statute
The legal basis for the charge against you is found in Minnesota Statute § 609.39. The language of the law is concise but carries immense weight, defining your alleged crime and its severe potential penalties. It is essential to understand the exact wording the prosecution will use in its attempt to convict you.
609.39 MISPRISION OF TREASON.
Whoever, owing allegiance to this state and having knowledge of the commission of treason against this state, does not, as soon as may be, disclose and make it known to the governor or a judge of the supreme court, court of appeals, or district court, is guilty of misprision of treason against this state and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.
Breaking Down the Legal Elements of Misprision of Treason in Minnesota
The state’s burden of proof in a Misprision of Treason case is substantial and specific. The prosecutor cannot simply rely on suspicion or your association with other people. They must prove every single one of the following legal elements beyond a reasonable doubt. My entire defensive strategy will be built around dismantling the state’s ability to prove each of these points, creating the reasonable doubt necessary to win your case.
- Owing Allegiance to Minnesota: First, the prosecution must establish that you are a person who owes allegiance to the state of Minnesota. This is a jurisdictional requirement that typically applies to any resident of the state. By living in Minnesota and enjoying the protections of its laws, you are deemed to owe it a duty of loyalty. While often straightforward, it is a foundational element the state must affirmatively prove.
- Actual Knowledge of Treason: This is the heart of the case and a critical battleground for your defense. The prosecutor must prove that you had actual and concrete knowledge that another person had committed the crime of treason. Vague suspicions, hearing rumors, or being aware of someone’s radical political beliefs are not enough. You must have known about a specific, completed act of treason.
- Failure to Disclose: The state must then prove that you did not report this knowledge to the proper authorities. The statute lists specific officials: the governor or a judge of the Supreme Court, Court of Appeals, or District Court. The law criminalizes your inaction and silence in the face of the knowledge you allegedly possessed.
- As Soon As May Be: The statute includes a crucial timing element. It requires that you failed to disclose the information “as soon as may be.” This phrase is ambiguous and open to interpretation, providing a key area for us to challenge. We can argue that you were assessing the situation, that you feared for your safety, or that you intended to report it but hadn’t yet had a reasonable opportunity.
Penalties for a Misprision of Treason Conviction in Minnesota Can Be Severe
Do not be misled by the archaic name of the charge; the penalties for a conviction are modern and severe. A conviction for Misprision of Treason is not a minor infraction. The state of Minnesota classifies it as a serious felony, and a conviction will have devastating and life-altering consequences. Understanding the full scope of what you are up against is essential to appreciating the importance of mounting an aggressive and thorough defense.
Felony Penalties
Under Minnesota Statute § 609.39, Misprision of Treason is a felony punishable by:
- Up to five years in a Minnesota state prison.
- A fine of up to $10,000.
- A combination of both prison time and fines.
In addition to these direct penalties, a felony conviction will leave you with a permanent criminal record, impacting your rights and opportunities for the rest of your life. The Minnesota sentencing for this crime is harsh, and we must do everything in our power to avoid a conviction.
What Misprision of Treason Looks Like in Real Life — Common Scenarios in Minnesota
Given its rarity, a charge of Misprision of Treason would likely arise from complex and politically charged situations where law enforcement is conducting a broad investigation into a group or movement. You may have been swept up in the investigation simply because of who you know or what you overheard.
These scenarios are hypothetical, but they illustrate how an ordinary person in Minnesota could suddenly find themselves facing this extraordinary charge. The prosecution’s case often hinges on the testimony of informants who may have their own reasons to lie, making an aggressive defense absolutely critical.
The Reluctant Witness in a Minneapolis Activist Group
You are part of an activist circle in Minneapolis that advocates for radical political change. During a private meeting, a charismatic leader details a concrete plan to sabotage a key piece of state infrastructure, framing it as an act of “war against the corporate state.” You are shocked and want no part of it, but you are afraid to go to the police for fear of being labeled a snitch or being charged yourself. Weeks later, the plot is uncovered, and a member of the group, in exchange for a plea deal, tells investigators you were in the meeting and knew everything. You are then charged with Misprision of Treason.
The Family Member in a Duluth Standoff
Your sibling, who lives near Duluth, has become deeply involved in a sovereign citizen movement. You visit them and learn they are part of a group that is planning an armed standoff to prevent the county from seizing their property. They claim they are “defending their land against an illegitimate government.” You try to talk them out of it but are unsuccessful. Fearing you will escalate the situation or get your sibling into more trouble, you don’t call the authorities. When the standoff occurs, your sibling is arrested and tells the police you knew about their plans all along. The prosecutor charges you for your silence.
The IT Professional in St. Paul
You work as a freelance IT consultant in St. Paul. A client, who you know holds extreme anti-government views, hires you for a project. During your work, you discover that they have used your services to help orchestrate a sophisticated cyber-attack against a state government database, an act the federal government later deems to be in service of a foreign enemy. You quietly resign from the project and delete all your files, hoping to just walk away. When the FBI traces the attack back to your former client, they find evidence you were aware of the plot, and the state charges you with Misprision of Treason for failing to report it.
Legal Defenses That Might Work Against Your Misprision of Treason Charge
When you are facing a charge as serious and unusual as Misprision of Treason, you need a defense that is creative, aggressive, and grounded in constitutional law. The government’s case against you is likely built on a shaky foundation of circumstantial evidence and questionable testimony. We will attack that foundation until it crumbles.
The very nature of this crime—punishing silence—raises profound legal and constitutional questions. Is it fair for the government to force a citizen to become an informant, especially when doing so could put them in danger or implicate them in a crime? Our defense will not only challenge the facts presented by the prosecutor but also the fundamental fairness and constitutionality of the law itself. How to fight Misprision of Treason charges in Minnesota involves a multi-faceted approach.
Challenging the “Knowledge” Element
The entire case against you rests on the assertion that you had actual, certain knowledge that a crime of treason was committed. We will argue that the state cannot possibly prove what was in your mind.
- No Concrete Knowledge: We will demonstrate that your awareness of the situation was based on rumor, speculation, or drunken boasting, not concrete facts. You cannot be convicted for failing to report a “crime” that you did not know for certain had occurred.
- Unreliable Informants: Often, the only evidence of your “knowledge” comes from an informant who is cooperating with the state to save themselves. We will meticulously investigate this informant, exposing their motives to lie, their criminal history, and any inconsistencies in their story to destroy their credibility in front of the jury.
The “As Soon As May Be” Defense
The law’s timing requirement is deliberately vague, and we will use that ambiguity to your advantage. What is reasonable for one person may not be for another.
- Fear and Duress: We can argue that you were justifiably afraid to come forward. If the people involved were dangerous, reporting them could have resulted in serious harm to you or your family. Your delay in reporting was not a criminal act, but a reasonable act of self-preservation.
- Assessing the Situation: It is reasonable for a person to take time to process shocking information and decide on the best course of action. We will argue that you were not criminally concealing the information, but rather cautiously and reasonably contemplating your next steps in a complex and dangerous situation.
Constitutional Challenges to the Law
Misprision of Treason is a law that sits in direct tension with other fundamental rights, particularly your Fifth Amendment right against self-incrimination.
- The Right to Remain Silent: We can argue that forcing you to report a crime you were connected to, even just by proximity, would compel you to provide testimony against yourself, a direct violation of your Fifth Amendment rights. You cannot be punished for not incriminating yourself.
- Vagueness and Due Process: We may challenge the statute itself as being unconstitutionally vague. Phrases like “as soon as may be” are not clearly defined, meaning a person of average intelligence cannot be certain what conduct is prohibited. This can be a violation of your right to due process.
Minnesota Misprision of Treason FAQs — What You Need to Know Now
Will I go to jail for Misprision of Treason in Minnesota?
A conviction carries a potential sentence of up to five years in prison. While not a mandatory sentence, prosecutors and judges take this charge very seriously. An aggressive legal defense is your best chance to avoid incarceration by seeking a dismissal, an acquittal at trial, or a more favorable plea agreement.
Can a Misprision of Treason charge be dismissed?
Yes. Given the high burden of proof on the state and the potential constitutional issues, a skilled defense attorney can file powerful pretrial motions to have the case dismissed. We can challenge the sufficiency of the evidence, the credibility of the witnesses, and the constitutionality of the statute itself.
Do I need a lawyer for a charge this rare in St. Paul?
Absolutely. The rarity of the charge makes it even more critical to have an experienced criminal defense lawyer. Many prosecutors and even judges may be unfamiliar with the nuances of this law and its constitutional defenses. You need a lawyer who can educate the court and mount a sophisticated defense.
How long does a conviction stay on my record in Minnesota?
A felony conviction for Misprision of Treason is permanent. While you may be eligible for an expungement later in life, it is a difficult and uncertain process. The best strategy is to prevent the conviction from ever happening in the first place.
What is the difference between Treason and Misprision of Treason?
Treason is the act of committing the crime itself (e.g., levying war against the state). Misprision of Treason is the separate, lesser crime of knowing about the treason and failing to report it. One is a crime of action; the other is a crime of omission.
Do I have to report something I just suspect?
No. The law requires “knowledge,” not suspicion. If you merely suspect something is going on but have no concrete proof, you have not committed this crime.
To whom do I have to report the information?
The statute is very specific: the governor or a judge of the Supreme Court, Court of Appeals, or District Court. Reporting to the police, the FBI, or a county attorney, while a good idea, may not technically satisfy the strict requirements of this particular statute, creating another avenue for defense.
What if I was afraid for my life?
Fear for your safety is a powerful defense. We can argue that your failure to report “as soon as may be” was excused because you were under duress, reasonably believing that reporting the crime would lead to immediate harm to you or your family.
Can my silence be used against me if I am a suspect in the treason itself?
This is the core of the Fifth Amendment defense. The government cannot charge you with Treason and simultaneously charge you with Misprision of Treason for not reporting the very crime they accuse you of committing. This would be a classic case of compelling self-incrimination.
Is there a time limit for the state to charge me?
Yes, there is a statute of limitations, which for most felonies in Minnesota is three years. However, for a crime this serious, the prosecution will likely bring charges as soon as they believe they have a case.
What a Misprision of Treason Conviction Could Mean for the Rest of Your Life
A conviction for a felony, especially one with a name as notorious as Misprision of Treason, will fundamentally alter the course of your life. The consequences extend far beyond any prison sentence or fine, creating a web of collateral consequences that can be impossible to escape.
A Permanent Felony Record and Its Impact on Your Career
Your conviction will appear on every background check for the rest of your life. This can automatically disqualify you from employment in a vast number of fields, including those requiring state licenses (like healthcare, education, or finance) and any job involving positions of trust. Employers will be hesitant to hire someone convicted of a crime related to disloyalty, severely limiting your ability to earn a living.
Lifelong Ban on Firearm Ownership
As a convicted felon in Minnesota, you will be permanently stripped of your Second Amendment rights. You will be prohibited from ever owning, possessing, or using a firearm or ammunition for the rest of your life. Any violation of this ban is a separate and serious felony offense.
Loss of Housing and Educational Opportunities
Landlords frequently run background checks and are often unwilling to rent to individuals with a felony record, especially for a crime that sounds so serious. You may find yourself with limited and insecure housing options. Similarly, a felony conviction can be a barrier to admission to colleges or universities and can make you ineligible for federal student aid.
Immigration Consequences for Non-Citizens
For any non-citizen, a conviction for a crime like Misprision of Treason would almost certainly have devastating immigration consequences. It would likely be classified as a “crime involving moral turpitude” or an aggravated felony, making you deportable from the United States and permanently inadmissible in the future, regardless of your family or how long you have lived here.
Why You Need a Tough, Experienced Minnesota Attorney for This Unique Charge
When you are facing a charge as rare and as serious as Misprision of Treason, you cannot afford to have an attorney who is learning on the job. You need a seasoned criminal defense lawyer with the confidence and skill to handle high-stakes, constitutionally complex litigation. The government is bringing a heavy charge, and we must meet it with an even heavier defense.
A Private Lawyer’s Dedication to Your Unique Case
This is not a routine case that can be handled with a standard approach. As a private attorney, I will dedicate the immense time and resources necessary to build a defense from the ground up. I will personally delve into the legal history, the constitutional law, and the specific facts of your case. You will work directly with me, your dedicated advocate, ensuring you receive the focused, intensive representation a charge of this magnitude demands.
The Critical Need for Swift and Strategic Action
With a charge this serious, we must seize control of the narrative immediately. We need to get ahead of the prosecution by conducting our own investigation, interviewing witnesses, and identifying the weaknesses in the state’s case before they have time to solidify it. By filing aggressive pretrial motions challenging the evidence and the law itself, we can put the government on the defensive and create opportunities for a dismissal long before a jury ever hears the case.
Understanding the Courts and Prosecutors Across Minnesota
Having defended clients in courtrooms across the state, from Hennepin County to St. Louis County, I have an intimate understanding of the local legal landscape. I know the prosecutors, the judges, and how to craft an argument that will be persuasive in that specific venue. A Misprision of Treason charge will be a novel issue for any court, and my experience and credibility can be crucial in guiding the judge to a proper, constitutional, and favorable ruling for you.
Building a Defense to Win a Seemingly Unwinnable Fight
My approach is to assume every case can be won. In a case like this, victory means a complete dismissal or an acquittal at trial. We will build a defense that not only attacks the prosecution’s facts but also boldly challenges the law itself. We will fight for your right to remain silent, your right to due process, and your right to be presumed innocent, no matter how severe the accusation. You need a lawyer who has the courage to take on this fight, and I am ready to be that lawyer for you.