Charged With a Misdemeanor Under § 609.545? A Minnesota Lawyer Explains Why It’s More Serious Than You Think
It happened in a moment of poor judgment or confusion. Maybe you used a parent’s credit card for a subscription service, thinking they wouldn’t mind. Perhaps you found a lost credit card and used it for a quick cab ride or to pay for a hotel room. Or maybe you and a friend had an arrangement to share an account, but a falling out led them to claim the use was unauthorized. Now you’re looking at a criminal citation for Misusing a Credit Card to Secure Services under Minnesota Statute § 609.545. Because it’s “just a misdemeanor,” you might be tempted to dismiss it as a minor problem—pay a small fine and move on.
This would be a grave mistake. While this charge is a misdemeanor, a conviction leaves you with a permanent criminal record for a theft-related offense. That record can show up on background checks for years, creating serious obstacles to your future employment, housing, and educational opportunities. You didn’t plan to be in this position, but a simple error or a misunderstanding has put your future at risk. Prosecutors in Minnesota, from Hennepin County to Ramsey County, pursue these charges seriously because they are viewed as crimes of dishonesty.
You do not have to let a single mistake define the rest of your life. I am a Minnesota criminal defense attorney who has helped countless people in your exact situation navigate the justice system and protect their records. I have defended clients across the entire state, from Minneapolis and St. Paul to the suburbs of Bloomington and Maple Grove, and in cities like Duluth and Rochester. I understand that good people make mistakes, and I am here to ensure your story is heard and your rights are protected.
More Than Just a Mistake: What This Charge Actually Means
In Minnesota, the crime of Misusing a Credit Card to Secure Services is very specific. It focuses exclusively on the act of obtaining a service—not physical goods or cash—through the unauthorized use of a credit card. A service is something someone does for you, like providing a ride, a hotel stay, a haircut, a meal at a restaurant, or access to a digital platform like a streaming service or online gaming. This is different from other, more serious felony financial card fraud statutes that deal with stealing merchandise or cash.
The core of a Minnesota charge under § 609.545 is the unauthorized nature of the act. The prosecutor must prove you intentionally used a credit card without permission to get a service. This means an accident, like grabbing your roommate’s card by mistake, is not a crime. However, the law is broad. A common scenario involves using a family member’s card under the assumption you have permission, only for them to report it later during a dispute. Facing this accusation can be confusing, but it all comes down to whether the state can prove your specific intent to use a card you knew you weren’t allowed to use.
The Minnesota Law on Misusing a Credit Card for Services
The specific law that makes this conduct a crime is Minnesota Statute § 609.545. It is a narrowly defined misdemeanor offense. It’s important to read the exact language the state will use in its attempt to convict you. Understanding the law is the first step toward building a strong defense against it.
Here is the full text of the statute:
609.545 MISUSING CREDIT CARD TO SECURE SERVICES.
Whoever obtains the services of another by the intentional unauthorized use of a credit card issued or purporting to be issued by an organization for use as identification in purchasing services is guilty of a misdemeanor.
Breaking Down the State’s Case: The Legal Elements of the Charge
To convict you of Misusing a Credit Card to Secure Services, the prosecutor has to do more than just show a transaction was made. They are required by law to prove every single one of the following “elements” beyond a reasonable doubt. If we can show that their evidence on even one of these points is weak or nonexistent, you cannot be found guilty. This is where we will focus our defense.
- Obtaining Services: The first thing the state must prove is that you actually obtained a service. This means you received work, labor, or a non-tangible benefit from someone else. Examples include a ride from a taxi or Uber, a night in a hotel, a meal served at a restaurant, or a digital subscription. If you used the card to buy a physical item like clothing or groceries, this specific statute does not apply, though you could be charged under a different, often more serious, financial card fraud law.
- Intentional Use: This is a critical element. The prosecutor has to prove that your use of the credit card was intentional and not an accident. If you and your spouse have similar-looking cards and you grabbed the wrong one by mistake, you did not act with criminal intent. Proving your state of mind is difficult for the prosecution, and we can challenge their assumptions by presenting evidence of your true intentions and the context of the situation.
- Unauthorized Use: This is the heart of the crime. The state must prove you did not have permission from the cardholder to make that specific transaction. Permission can be tricky. It can be given and then taken away. You might have had permission to use a card in the past, but not for this purchase. This element is often the focal point of cases involving friends, romantic partners, or family members where consent is disputed.
- A Credit Card: The device used must fit the legal definition of a credit card—a card issued by an organization for purchasing. This is broadly interpreted to include traditional credit cards and debit cards used as credit. However, a simple gift card or a store-specific charge card might not fit this definition, providing a potential technical defense depending on the facts of your case.
Don’t Underestimate the Penalties for a “Minor” Conviction
It’s easy to look at a misdemeanor charge and breathe a sigh of relief that it’s not a felony. But in Minnesota, any crime of theft or dishonesty, regardless of its level, can have serious and lasting consequences. The Minnesota sentencing for this misdemeanor is more than just a fine; it’s a permanent mark on your record that you must fight to avoid.
Misdemeanor Penalties
As a misdemeanor offense, a conviction under § 609.545 is punishable by the following maximum penalties:
- Up to 90 days in jail;
- A fine of up to $1,000; or
- Both.
While it is unlikely that a judge would sentence a first-time offender to the maximum jail time, it is possible. More commonly, a conviction will result in a period of probation (up to one year), during which you must remain law-abiding and comply with any conditions set by the court. You will also almost certainly be ordered to pay full restitution to the victim for the value of the services you obtained.
How a Simple Mistake Becomes a Criminal Charge: Real-Life Scenarios
This charge often arises from everyday situations that spiral out of control due to a misunderstanding, a dispute, or a momentary lapse in judgment. Prosecutors don’t care about the context; they just see an unauthorized transaction and file a charge.
The Family Dispute in Bloomington
You are a young adult living at home in Bloomington and you use your parent’s credit card, which is saved on your Amazon account, to rent a movie. You’ve done this before with their permission. This time, however, you have an argument with your parents over something unrelated, and out of anger, they report the transaction to the police as unauthorized. You are now charged with a crime for an act you had a reasonable belief you were allowed to do.
The Breakup in Downtown Minneapolis
You and your partner live together in a Minneapolis apartment and share access to each other’s credit cards for joint expenses like ordering food delivery. After a bad breakup, you move out. A week later, you use their card number, still saved in your phone, to pay for a taxi. Your ex, now angry, reports it as a theft. What was once a consensual arrangement is now the basis for a criminal charge.
The Found Wallet in Duluth
After a night out with friends in Duluth, you find a wallet on the ground containing cash and credit cards. You foolishly take the cash and then, in a moment of poor judgment, use the credit card to pay for a hotel room for the night instead of turning it in. The card owner quickly notices the charge and reports it, and hotel security footage identifies you as the one who used it.
The Subscription Service in Rochester
You sign up for a free trial of a streaming service using a credit card that has very little money on it. You forget to cancel, and when the service tries to charge the monthly fee, the transaction is declined. Months later, you are contacted by a collection agency and then by the police in Rochester, accused of intentionally misusing the card to secure services you knew you couldn’t pay for.
Fighting the Charge: Defenses That Can Protect Your Record
Just because you’ve been charged doesn’t mean you will be convicted. The state has the burden of proving every element of its case, and there are many ways to show that they cannot meet that burden. When you hire me, I will conduct a thorough investigation into the facts of your case, looking for the weaknesses in the prosecution’s argument. Our goal is to achieve a result that keeps this off your permanent record, whether through a dismissal, a negotiation for a lesser charge, or an acquittal at trial.
Many people charged with misdemeanors think they can handle it themselves to save money. This is often a costly mistake. An experienced attorney can identify defenses you would never recognize and can navigate the court system to achieve a far better outcome. The investment in a strong defense can save you from a lifetime of consequences.
Lack of Intent
This is often the most powerful defense. The state must prove you intended to use the card without permission. If your actions were a mistake or you had a good-faith belief you were authorized, you are not guilty of this crime.
- Honest Mistake: We can argue that you used the card by mistake, for example, by grabbing the wrong card from a wallet or using a card number that was auto-filled in an online form without realizing it wasn’t yours.
- No Intent to Defraud: If the situation involved a declined payment for a subscription, we can argue you did not intend to defraud the company. Perhaps you simply forgot about the recurring payment or were unaware your account balance was low.
You Had Authorization (or a Reasonable Belief You Did)
This is a key defense in cases involving family or friends. The state must prove the use was unauthorized. If you had permission, or if it was reasonable for you to believe you had permission, the charge cannot stand.
- History of Permitted Use: If the cardholder had allowed you to use the card for similar purchases in the past, we can argue that you had implied consent to make the transaction in question. A pattern of past behavior can be powerful evidence.
- Vague or Revoked Consent: Consent can be unclear. If a parent tells you to “use my card for gas,” does that include snacks? If a partner says you can use their card, does that permission end the moment you have an argument? We can argue that you were operating under a reasonable interpretation of the consent you were given.
It Wasn’t You
In cases of online transactions or where a physical card was lost, the state must prove that you were the person who actually made the unauthorized purchase.
- Mistaken Identity: Security footage can be grainy or unclear. Online transactions can be hard to trace to a specific person, especially if multiple people had access to a computer or phone. We can challenge the state’s evidence and argue they have accused the wrong person.
The “Service” Element is Missing
This is a more technical defense, but it can be effective. This statute only applies to the theft of services.
- Purchase of Goods, Not Services: If you used the card to purchase a physical item—a product from a store, for example—you are not guilty under this specific law. While you could be charged with a different crime, we can defeat the current charge by showing it’s legally incorrect, potentially forcing the prosecutor to dismiss it.
Minnesota Misdemeanor Credit Card FAQs — Your Questions Answered
It’s natural to have a lot of questions when you’re facing a criminal charge, even a misdemeanor. Here are answers to some of the most common ones.
Is this the same thing as felony credit card fraud?
No. This statute is a misdemeanor that applies only to obtaining services. Minnesota’s felony financial transaction card fraud statute (§ 609.821) is much broader and more serious. It covers theft of goods, cash, and services, with penalties increasing based on the dollar amount and your criminal history. An aggressive prosecutor may try to upgrade this charge to a felony, which is a key reason to have a lawyer.
Will I go to jail for this?
Jail time is legally possible (up to 90 days), but it is very unlikely for a first-time offender charged with this specific misdemeanor. A skilled attorney can almost always negotiate a resolution that involves no jail time.
Can this charge be dismissed?
Yes, absolutely. My primary goal in every case like this is to get the charges dismissed outright or negotiate a resolution like a continuance for dismissal. This means that after a period of probation, the charge is dismissed and does not appear as a conviction on your record.
Do I really need a lawyer for a misdemeanor in St. Paul?
Yes. Even a misdemeanor can have a major impact on your life. An experienced attorney who knows the prosecutors and judges in Ramsey County can navigate the system to protect your record. Without a lawyer, you are far more likely to end up with a conviction that will follow you for years.
What if I paid the victim back?
Paying restitution is a good idea and shows responsibility, but it is not a legal defense. The crime was complete when you made the unauthorized transaction. However, paying the victim back is a powerful mitigating factor that I can use to negotiate a much better outcome with the prosecutor, often leading to a dismissal.
What if I used my own credit card but I knew it would be declined?
This could still be charged under this statute. The state could argue that by presenting a card you knew had no available funds, you were intentionally misusing it as a form of identification to secure a service you had no intention of paying for.
Is using a family member’s card without permission a crime?
Yes. The law does not make an exception for family members. If you do not have permission from the cardholder—even if it’s your parent, sibling, or spouse—it is considered unauthorized use. Many of these cases begin with a family dispute.
How does the prosecutor prove I didn’t have permission?
They will rely on the testimony of the cardholder. This often comes down to a “he said, she said” situation. My job is to challenge the cardholder’s credibility and present evidence that supports your belief that you had consent.
What if I found a card and didn’t use it?
Simply finding a credit card is not a crime. The crime under this statute only occurs if you actually use it to obtain a service. The best course of action is always to turn a found wallet or card into the police or the establishment where you found it.
Can a conviction affect my job prospects?
Yes, significantly. This is one of the most serious collateral consequences. Many employers will not hire someone with a theft-related conviction on their record, especially for jobs that involve handling cash, financial data, or working in a position of trust.
Is a debit card considered a “credit card” under this law?
Yes. The law is broadly interpreted. Using a debit card without a PIN, by signing for the transaction, is treated the same as using a credit card for the purposes of this statute.
What if it was an online subscription?
This is a very common scenario. Using a card number without authorization to sign up for a digital service like Netflix, a gaming subscription, or an online publication is considered “obtaining a service” and can be charged under this law.
Can I be charged if I was with someone else who used the card?
It depends. If you were merely present, you are not guilty. However, if the prosecutor believes you aided, advised, or conspired with the other person to use the card without authorization, you could be charged as an accomplice to the crime.
What’s the difference between this and just not paying a bill?
This crime requires the unauthorized use of a credit card as the means of obtaining the service. Failing to pay a bill you incurred legitimately is a civil matter that can affect your credit score and lead to a lawsuit, but it is not a crime.
Should I talk to the police or the alleged victim?
No. You should not speak to anyone about the case without your attorney present. Anything you say can be misunderstood and used against you. Let me handle all communications on your behalf.
The Hidden Costs: How a Misdemeanor Conviction Can Derail Your Life
The most serious penalty for this crime is not the fine or the probation; it’s the creation of a permanent criminal record. This is not a traffic ticket that you can just pay and forget. A conviction for a crime of dishonesty, even a misdemeanor, can cast a long shadow over your future.
Damage to Your Career and Employment
This is the biggest risk. When you apply for a new job, you will likely be asked, “Have you ever been convicted of a crime?” Answering “yes” can get your application tossed in the trash, especially for jobs in retail, banking, healthcare, or any field requiring a license or a position of trust. The conviction signals to employers that you may be untrustworthy, whether it’s fair or not.
Obstacles to Housing and Education
Landlords routinely run background checks. A theft-related conviction can cause a landlord to deny your rental application, making it harder to find a safe place to live. Similarly, some educational programs or student loan applications may require a criminal background check, and a conviction could create a barrier to advancing your education.
Immigration Consequences
For non-citizens, any criminal conviction can have serious immigration consequences. A crime of dishonesty or theft, even a misdemeanor, could be considered a “Crime Involving Moral Turpitude” (CIMT). A CIMT can make you deportable, prevent you from obtaining a green card, or bar you from becoming a U.S. citizen. The stakes are incredibly high.
The Personal Stigma
Beyond the practical consequences, there is a personal stigma to being convicted of a crime. It’s a source of stress and embarrassment that can affect your relationships and your sense of self-worth. Protecting your clean record is about protecting your peace of mind and your future.
Why You Must Hire a Tough, Experienced Minnesota Attorney
When you are facing a criminal charge, even a “minor” misdemeanor, you are going up against the full power of the state. The prosecutor’s job is to convict you. My job is to stop them. Trying to handle this alone to save a little money is a gamble that can cost you your future.
I Know How to Protect Your Record
My primary goal in every misdemeanor case is to ensure there is no conviction on your permanent record. I am often able to negotiate for outcomes like a Continuance for Dismissal, where you complete a short period of probation, and the charge is then dismissed completely. I can also find weaknesses in the state’s case that can lead to a full dismissal upfront. These are outcomes that are rarely offered to unrepresented individuals.
A Small Mistake Deserves a Second Chance, Not a Life Sentence of Consequences
I understand that good people can find themselves in bad situations. A momentary lapse of judgment should not prevent you from getting a job or an apartment for the rest of your life. I will tell your story to the prosecutor and the judge, providing the context and explanation that the police report leaves out. I fight to ensure that the punishment, if any, fits the act, not the worst-case scenario.
I Know the Local Courts and Prosecutors
I have defended clients in courtrooms across Minnesota, from the Hennepin County Government Center to the local courthouses in Anoka, Scott, and Dakota counties. I know the local prosecutors, judges, and diversion programs. This familiarity allows me to craft a defense strategy that is tailored to the specific court and county where you are charged, giving you a significant advantage.
Don’t Let a Misdemeanor Create a Permanent Problem
The decision you make today will have a lasting impact. You can choose to face the prosecutor alone and risk a conviction, or you can choose to fight back with an experienced attorney on your side. The investment in a strong legal defense is an investment in your future. Call me today for a consultation, and let’s get to work on protecting your clean record.