Facing Charges Under Minn. Stat. § 609.586? A Minnesota Lawyer Explains the Fight Ahead.
That piece of paper in your hand—the criminal complaint—probably feels like it’s written in a foreign language. It mentions statutes and legal terms that are confusing and intimidating. It accuses you of possessing a “code-grabbing device” with the intent to commit an unlawful act. Right now, you are likely feeling a mix of shock, anger, and fear. The police and prosecutor have already decided you are guilty, and they are building a case to prove it. This is a serious felony charge, and it’s one that police and prosecutors often misunderstand, leading to unfair accusations against people who are simply tech hobbyists, IT professionals, or automotive technicians.
You may have bought a device online out of sheer curiosity for how it works. You might use a similar tool for your legitimate job as a locksmith or a security consultant. Or maybe you had no idea the device was even in your car or home. Whatever your story, you now find yourself in the crosshairs of the criminal justice system. A felony conviction of this nature can derail your entire life, leading to prison time, significant fines, and a permanent criminal record that brands you as dishonest and untrustworthy. It can destroy your career, especially if you work in technology or a trade.
You do not have to let this charge define your future. I have defended people across the state of Minnesota, from the tech hubs in Minneapolis and St. Paul to the communities of Rochester, Duluth, and St. Cloud. I understand how to challenge cases built on circumstantial evidence and questionable assumptions about your intent. Your side of the story matters, and it deserves to be fought for. You are not just another case file; you are a person whose future is on the line, and I am here to help you protect it.
More Than Just a Gadget: What is Possessing a Code-Grabbing Device in Minnesota?
In Minnesota, the crime of possessing a code-grabbing device is not about what you did, but what the prosecutor thinks you were planning to do. This charge is unique because the entire case hinges on your alleged intent. The statute targets devices that can intercept and replicate the electronic signals used in security systems, most commonly for keyless entry on cars or garage door openers. The law was written to target individuals who possess these tools with the specific goal of committing another crime, such as auto theft or burglary. Merely owning a sophisticated piece of technology is not a crime; the state must prove you had it for a criminal purpose.
A Minnesota code-grabbing device charge is a serious felony that prosecutors can levy even if no theft or burglary ever occurred. The accusation itself suggests a level of technical sophistication and criminal preparation that can prejudice a judge or jury against you from the start. Facing this accusation means you are up against a prosecutor who will try to paint you as a modern-day thief, using your interest in technology as evidence of criminal intent. Fighting back requires a defense that can clearly explain the legitimate uses for such technology and expose the lack of evidence regarding any supposed unlawful plan.
The Black and White of the Law: Minnesota Statute § 609.586
The state’s entire case against you is based on a specific law: Minnesota Statute § 609.586. This statute defines both the device in question and the criminal act of possessing it. Understanding the exact wording of the law is the first step in dismantling the prosecutor’s arguments. They must prove every part of this statute beyond a reasonable doubt.
Here is the exact language from the statute that governs your case:
609.586 POSSESSION OF CODE-GRABBING DEVICES; PENALTY.
Subdivision 1. Definition. As used in this section, “code-grabbing device” means a device that can receive and record the coded signal sent by the transmitter of a security or other electronic system and can play back the signal to disarm or operate that system.
Subd. 2. Crime. Whoever possesses a code-grabbing device with intent to use the device to commit an unlawful act may be sentenced to imprisonment for not more than three years or to payment of a fine of not more than $5,000, or both.
The State’s Burden: Deconstructing the Elements of the Charge
A prosecutor cannot secure a conviction just by holding up a device and claiming you’re a criminal. They have a strict legal standard to meet. To convict you under § 609.586, the state must prove three distinct elements. If they fail on even one, their case collapses. My job is to analyze their evidence—or lack thereof—for each element and identify the weaknesses we can exploit to build your strongest defense. This is where the fight for your future truly begins.
- PossessionThe prosecutor must first prove that you “possessed” the device. This can mean “actual possession” (it was found on your person) or “constructive possession.” Constructive possession is more complicated; it means the device was found in a place over which you had control, like your car or your apartment in Brooklyn Park, and that you knew it was there. This is often contestable. If the device was in a shared car or a common area of a home you share with others in Plymouth, proving you specifically possessed it can be very difficult for the state.
- A “Code-Grabbing Device”The state can’t just label any electronic gadget a code-grabbing device. They must prove the item meets the narrow, specific definition in the statute: it must be able to receive, record, and play back a coded security signal. Many modern electronic tools, like signal boosters, diagnostic devices for cars, or RFID cloners, may not fit this exact definition. A key part of your defense may involve demonstrating that the device you had—perhaps for your work as a mechanic in Eagan—is not what the law was written to prohibit.
- Intent to Commit an Unlawful ActThis is the most critical element and often the weakest point in the prosecution’s case. It is not illegal to simply own a code-grabbing device in Minnesota. The state must prove, with evidence, what was in your mind. They must convince a jury that you possessed the device with the specific plan to use it to break the law. Without direct evidence—like text messages, witness testimony about your plans, or other incriminating materials—the state’s case is nothing more than speculation about your character and intentions.
A Felony Conviction on Your Record: The Severe Penalties in Minnesota
Do not underestimate the severity of this charge. The prosecutor is not trying to give you a warning; they are trying to convict you of a felony that will follow you for the rest of your life. The penalties for possessing a code-grabbing device are substantial and are meant to punish and deter. A conviction goes far beyond a simple fine, creating permanent barriers to your future success and freedom. It’s crucial to understand exactly what is at stake in this fight.
Felony Penalties
Possession of a Code-Grabbing Device is a felony offense in Minnesota. If you are convicted, you face a sentence of up to three years in prison, a fine of up to $5,000, or both. In addition to potential incarceration and fines, a felony sentence will almost certainly include a long period of supervised probation with strict conditions you must follow. Any violation of those conditions could send you straight to prison. The sentencing for this crime in Minnesota reflects its serious nature, and you need a defense aimed at avoiding these life-altering penalties.
How Good Intentions Become Felony Charges: Common Scenarios in Minnesota
Felony charges under this statute often arise from situations that are far from clear-cut. They can ensnare well-meaning individuals who find their actions or hobbies misinterpreted by law enforcement.
The Tech Hobbyist in Maple Grove
You have a passion for electronics and cybersecurity. You order a device online, like a Flipper Zero or a HackRF One, to learn about radio frequencies and security systems. You post on a forum asking about its capabilities. Police, monitoring these forums or acting on a tip, get a warrant for your home. They find the device and use your online posts, taken completely out of context, as “evidence” of your intent to commit a crime, even though you never had any such plan.
The Automotive Professional in Plymouth
As an auto mechanic or locksmith, you use sophisticated tools to legally reprogram key fobs or diagnose vehicle security systems for your customers. A disgruntled former employee or an unhappy client makes a false report to the police, claiming you’re using your tools to steal cars. Suddenly, the very devices you need for your livelihood are being presented by a prosecutor as evidence of a felony, threatening your reputation and your career.
Wrong Place, Wrong Time in Downtown Minneapolis
You live with a roommate who is involved in criminal activity you know nothing about. They store a code-grabbing device in a drawer in your shared living room. The police raid your apartment looking for your roommate and find the device. Even though it isn’t yours and you didn’t know about it, the prosecutor charges you with “constructive possession,” forcing you to fight to prove your innocence and untangle yourself from your roommate’s actions.
The Misunderstood Security Researcher in Rochester
You work in IT or as an independent security consultant, and you possess certain devices to test the security vulnerabilities of your clients’ systems—with their permission. You’re driving home from a client’s site in Rochester when you’re pulled over for a minor traffic violation. The officer sees the device in your car, doesn’t understand its purpose, and arrests you on suspicion. Now you’re facing a felony charge simply for doing your job.
Building Your Defense: How to Fight a Code-Grabbing Device Charge
Being charged is not the end of the story. It is the beginning of a fight. The prosecutor has a high mountain to climb to prove their case, and a skilled defense attorney knows where to find the weaknesses in their foundation. These cases are often built on assumptions and circumstantial evidence, which can be effectively challenged. A strong defense involves a proactive investigation into the facts, a deep understanding of the technology involved, and the ability to tell your side of the story in a way that creates reasonable doubt.
The state’s entire case often rests on their ability to prove your intent. They want the judge and jury to believe that owning a certain type of device automatically makes you a criminal. My job is to show them why that’s not true. We will scrutinize the police investigation for any missteps or violations of your rights. We will challenge the state’s interpretation of the evidence and present a compelling narrative that explains why you possessed the device. The goal is clear: to get the charges dismissed, reduced, or to win a not-guilty verdict at trial.
Challenging the “Intent” Element
This is the heart of your defense. We will argue that the state has no concrete evidence of your alleged criminal plan.
- Legitimate Purpose: We will gather evidence to show that you had the device for a valid, lawful reason. This could include your employment records as a mechanic, your coursework as an IT student, your client contracts as a security tester, or your online history as a technology hobbyist.
- No Evidence of a Plan: The prosecutor must link your possession of the device to a specific unlawful act. If there are no text messages, no emails, no suspicious internet searches, and no witness testimony about a criminal scheme, we will argue that the state’s case is pure speculation.
The Device Doesn’t Meet the Legal Definition
The law is very specific. We can argue that the device you had does not legally qualify as a “code-grabbing device.”
- Incorrect Technology: Is your device a simple signal jammer, an RFID card writer for office key cards, or a diagnostic tool that only reads error codes? If it cannot receive, record, and play back a coded security signal, it does not fit the statute, and the charge is invalid.
- Inoperable Device: If the device was broken, missing parts, or otherwise non-functional, it could not have been used to commit an unlawful act. We can argue that possessing a broken tool is not a crime, as the necessary capability for criminal use did not exist.
Illegal Search and Seizure
Your constitutional rights are your shield. If the police violated them, the evidence they found may be thrown out.
- Warrantless Search: Did the police find the device by searching your car or home without a valid warrant? Unless a specific exception to the warrant rule applies, this is an illegal search, and the device cannot be used as evidence against you. This is a common issue in traffic stop cases.
- Defective Warrant: Even if the police had a warrant, it may be flawed. If the warrant was based on false information from an unreliable informant or lacked sufficient probable cause, we can file a motion to suppress the evidence, which could lead to a full dismissal of your case.
Lack of Possession
You can’t be guilty of possessing something if you didn’t possess it.
- Unknowing Possession: The device was left in your car by a friend or planted in your bag without your knowledge. You cannot be convicted for possessing something you did not know was there.
- No “Constructive” Possession: If the device was found in a shared apartment in St. Paul or a car with multiple passengers, the state must prove you specifically knew about it and had the ability and intent to control it. Simply being near the device is not enough to prove possession beyond a reasonable doubt.
Urgent Questions, Straight Answers: Your Minnesota Code-Grabber FAQ
Will I go to jail for possessing a code-grabbing device in Minnesota?
A conviction is a felony that carries a maximum sentence of three years in prison, so jail or prison time is a real risk. However, the outcome depends on the specifics of your case and your criminal history. My primary objective is to build a defense that avoids incarceration entirely, either by getting the case dismissed or by negotiating for a sentence that involves probation instead of jail.
Can a felony charge like this be dismissed?
Yes, a dismissal is often the best-case scenario and is my primary goal. A case can be dismissed if we can show the prosecutor their evidence is too weak, if key evidence is suppressed due to an illegal police search, or if we can definitively prove you had a legitimate purpose for the device. Acting quickly to build a defense is crucial.
Do I really need a lawyer for this charge in a city like Minneapolis?
Absolutely. This is a complex, technology-based felony charge. Prosecutors in Hennepin County and across Minnesota are aggressive. Facing them alone is a gamble with your freedom and your future. You need a defense attorney who understands not only the law but also the technology, and who can explain your side of the story clearly to a judge and jury.
How long will this charge stay on my record in Minnesota?
A felony conviction is permanent. While Minnesota has laws for expungement (sealing the record), the process is long, complicated, and never guaranteed for a felony offense. The most effective strategy is to fight the charge aggressively from the start to prevent a conviction from ever happening.
What is the difference between this and possession of burglary tools?
Possession of Burglary Tools is a broader charge that covers items like crowbars or lock picks when possessed with criminal intent. This charge, under § 609.586, is much more specific, dealing only with electronic devices that can capture and replay security codes. It is often seen as a more sophisticated and serious offense.
What does “constructive possession” actually mean?
Constructive possession means you had knowledge of the device’s presence and the ability to exercise control over it, even if it wasn’t physically on your person. For example, if the device was in the glove box of your car, a prosecutor would argue you had constructive possession. This is a legal theory that is highly fact-specific and can be challenged.
The police want to talk to me. What should I do?
You should politely decline to answer any questions and state clearly, “I want to speak with my lawyer.” Do not try to explain your side of the story. Police are trained to get you to say things that can be used against you. Your only statement should be a request for your attorney.
What if I bought the device legally online?
The legality of how you acquired the device is not a defense to the charge. The charge is not about buying or selling the device; it’s about possessing it with the intent to commit an unlawful act. However, the fact that you bought it openly from a legitimate vendor can be used as part of a defense to show you had no criminal intent.
Can my hobby as a tech enthusiast be used against me?
Yes, a prosecutor will likely try to twist your hobby and technical knowledge to paint you as a would-be criminal. It is critical to have an attorney who can reframe this narrative, presenting your interest in technology as a legitimate and lawful passion, not as evidence of a criminal mindset.
What if the device was for my job?
This is a powerful defense. If you can show that the device is a tool of your trade—for example, as a licensed locksmith, security professional, or auto technician—it directly counters the state’s claim that you had it for an unlawful purpose. We would use employment records, client invoices, and professional licenses as evidence.
Will this charge affect my professional license?
Yes, a felony conviction can lead to the revocation of many professional licenses, including those for mechanics, locksmiths, and security personnel. It can also prevent you from getting licensed in the future. Protecting your professional life is a key reason to fight this charge aggressively.
What is a “stay of imposition”?
A stay of imposition is a type of sentence that can be a very good outcome. With a stay of imposition, you are placed on probation, and if you complete it successfully, the felony conviction is never formally entered on your record and the offense is typically deemed a misdemeanor. This is often a key goal in negotiations.
Can I be charged if I didn’t even know how to use the device?
Your knowledge of how to operate the device can be a factor in proving or disproving your intent. If you can show that you had no idea how the device worked, it supports the argument that you did not have the specific intent to use it to commit a crime.
How much does it cost to hire a private defense attorney for a felony?
The cost will depend on the complexity of your case. But you must weigh that against the immense cost of a felony conviction: lost income, damaged reputation, and the potential loss of your freedom. I provide a clear fee agreement so that there are no surprises as we fight for your future.
I am not a U.S. citizen. How will this charge affect me?
For any non-citizen, a conviction under this statute could be considered a “crime involving moral turpitude.” This can have severe immigration consequences, including making you ineligible for a green card or citizenship, and could even lead to deportation. It is absolutely critical to have a defense attorney who understands these risks.
Life After a Conviction: The Hidden Penalties of a Felony Record
The judge’s sentence is only the beginning of your punishment. A felony conviction brings with it a host of “collateral consequences” that can permanently alter the course of your life. These are the hidden penalties that lock doors, limit opportunities, and create a system of civil punishment that lasts long after your sentence is served.
The End of Your Second Amendment Rights
In Minnesota, a felony conviction results in a lifetime ban on your right to possess any firearm or ammunition. This is not temporary. You will lose the right to hunt, to participate in sport shooting, or to own a firearm for personal protection forever. This is a complete and permanent loss of a constitutional right.
A Career Killer, Especially in Tech
Imagine having to check the “I have a felony conviction” box on every job application for the rest of your life. This conviction is particularly damaging because it implies dishonesty and technical savvy used for criminal purposes. It will almost certainly disqualify you from jobs in IT, cybersecurity, banking, government, and many skilled trades like locksmithing or auto repair. Your career potential could be permanently crippled.
Loss of Housing and Educational Opportunities
Most landlords run background checks. A felony conviction can make it nearly impossible to find a safe, decent place to live, as many property managers will deny your application outright. Likewise, getting into college or securing federal student loans can become much more difficult. A felony record closes doors that are essential for building a stable and prosperous life.
Severe Immigration Consequences
If you are not a U.S. citizen—even if you are a legal permanent resident (green card holder)—a conviction for possessing a code-grabbing device is likely to be classified as a crime that triggers deportation. You could be separated from your family and barred from re-entering the United States. The immigration stakes of this charge are incredibly high.
Don’t Gamble With Your Future: Why a Minnesota Criminal Defense Attorney is Essential
You are standing at a crossroads. The path you choose now will determine the outcome of your case and the direction of your life. Trying to navigate this alone or with an overworked public defender is a risk you cannot afford to take. You need a dedicated advocate who will put your case first.
The Power of a Focused, Private Attorney
When you are facing a serious felony, you cannot afford to be just one case in a stack of hundreds. Public defenders do their best, but they are overwhelmed by their caseloads. They may not have the time to delve into the technical nuances of your case or conduct the independent investigation necessary to win. As your private attorney, I deliberately limit my caseload so I can give your case the personal attention and rigorous defense it deserves. You are my priority. Your phone calls get answered. Your questions get addressed. Your defense gets the focus it needs.
Seizing the Initiative: Why Fast Action is Crucial
The moments after you are charged are critical. The prosecutor is already building their case, and evidence that could prove your innocence can disappear. By retaining an attorney immediately, you go on the offensive. I can intervene early to prevent you from being interrogated, preserve crucial digital evidence, interview witnesses while their memories are fresh, and begin negotiating with the prosecutor from a position of strength. The sooner I am on your side, the more opportunities we have to control the narrative and steer your case toward a positive resolution.
Understanding the Lay of the Land: Minnesota’s Courts
The justice system is not one-size-fits-all. A case in the Hennepin County Government Center in Minneapolis is handled differently than a case in the St. Louis County Courthouse in Duluth. I have defended clients in courtrooms across Minnesota, and I understand the local procedures, the personalities of the prosecutors, and the expectations of the judges. This local knowledge is an invaluable asset that can be used to your advantage in hearings, negotiations, and, if necessary, at trial.
Building a Case Designed to Win
My philosophy is simple: prepare every case as if it is going to trial. This proactive, aggressive approach puts maximum pressure on the prosecution. By showing them that we are ready, willing, and able to dissect their case in front of a jury, we often force them to offer better plea deals, including reductions to lesser offenses or even full dismissals. My goal is not just to manage your case, but to achieve the best possible result. Your freedom and your future are on the line, and you need an attorney who will fight for them relentlessly.