Charged Under § 609.528? A Minnesota Attorney Explains Your Rights and Fights for Your Future
The phone call or the knock on the door came as a shock. Maybe you were just trying to help a friend, cash a check for a quick gig, or you bought something from a stranger and got a check that seemed legitimate. Now, you’re staring at a criminal complaint, and the words on the page are jarring: Possession or Sale of Stolen or Counterfeit Checks. Your mind is racing with questions. How did this happen? What does this charge even mean? Could you actually go to jail over a single piece of paper? The ground beneath you feels like it’s given way, and the future you had planned is suddenly shrouded in uncertainty. You didn’t ask for this, and you certainly didn’t plan to be tangled up in the Minnesota criminal justice system.
Take a breath. While the situation you’re in is incredibly serious, it is not hopeless. Often, these charges arise from misunderstandings, manipulation by others, or simple mistakes. The prosecution doesn’t care about your side of the story; their only job is to secure a conviction. They will paint you as a calculated financial criminal, regardless of the actual circumstances. But their version of events is not the only one. You have the right to challenge their evidence, question their assumptions, and build a powerful defense.
You do not have to face this alone. I have defended clients across the State of Minnesota, from the busy courtrooms of Minneapolis and St. Paul to communities in Rochester, St. Cloud, and Duluth. I understand how prosecutors in Hennepin County, Ramsey County, Olmsted County, and throughout the state build these cases, and more importantly, I know how to dismantle them. This is the fight for your reputation, your freedom, and your future. Let’s start that fight right now.
More Than Just a “Bad Check” — What This Charge Really Means in Minnesota
When you hear “bad check,” you might think of bouncing a check from your own account. A charge under Minnesota Statute § 609.528 is far more severe. This law targets the fraudulent use of checks that don’t belong to you or are entirely fake. The core of a Minnesota stolen or counterfeit check charge isn’t just about a payment failing to clear; it’s about the deliberate act of possessing, using, or transferring a document you know is illegitimate. The prosecution’s goal is to prove you had a stolen or fake check and that you knew, or had a very good reason to know, that it was fraudulent.
This is a crime of knowledge and intent. The state isn’t just accusing you of having a bad check; they are accusing you of being a participant in a financial crime. Whether you were caught trying to cash a counterfeit payroll check in Bloomington, found with a book of stolen personal checks in Plymouth, or accused of selling a fraudulent money order online from your home in Maple Grove, the state sees it as theft. Understanding this distinction is the first step in building your defense. A “mistake” is not a crime, but the prosecution will do everything in its power to frame your actions as intentional fraud.
The Law on Stolen & Counterfeit Checks — Straight From Minnesota Statute § 609.528
The specific law that puts you in this position is Minnesota Statute § 609.528, titled “Possession or Sale of Stolen or Counterfeit Check; Penalties.” This statute lays out exactly what conduct is illegal. It’s crucial that you understand the precise language the state will use against you. It’s not buried in complex legal jargon; the law is direct and to the point.
Here is the exact language of the subdivision defining the crime:
Subd. 2. Crime. A person who sells, possesses, receives, or transfers a check that is stolen or counterfeit, knowing or having reason to know the check is stolen or counterfeit, is guilty of a crime and may be punished as provided in subdivision 3.
This single sentence contains every element the prosecutor must prove beyond a reasonable doubt to convict you. My job is to show that they can’t.
The Prosecution’s Playbook: Breaking Down the Elements of a Stolen Check Charge
To convict you of possessing or selling a stolen or counterfeit check, the prosecutor in Minnesota must prove a few key facts, known as “elements of the crime.” If they fail to prove even one of these elements beyond a reasonable doubt, their case against you falls apart. This is where your defense begins. We will scrutinize the state’s evidence—or lack thereof—for each specific element.
- The Act: Possession, Sale, Receipt, or Transfer This first element focuses on your physical relationship with the check. The state must prove that you actually had the check in your possession, tried to sell it to someone, received it from another person, or transferred it. “Possession” can be actual (in your pocket or wallet) or constructive (in a place you control, like your car’s glove box or your apartment in Eagan). This element can be challenged. Were you merely present when someone else had the check? Did someone leave it in your car without your knowledge? The state can’t just assume you controlled the document.
- The Object: A Stolen or Counterfeit Check The prosecution must present concrete evidence that the check in question was either stolen from a legitimate account holder or was a forgery—a complete fake. This isn’t always as straightforward as it sounds. They need to prove its fraudulent nature. This could involve testimony from the supposed victim whose checks were stolen or forensic analysis showing the document is counterfeit. We can question the chain of custody of the evidence and challenge the testimony of the alleged “direct victim” to ensure the state can definitively prove the check itself was illegal.
- The Mindset: Knowing or Having Reason to Know This is often the most critical and contestable element in a Minnesota stolen check case. The prosecutor must prove your state of mind. They have to convince a jury that you knew the check was bad or that the circumstances were so suspicious that any reasonable person would have known. Did someone pay you for a used item with a personal check for an amount far exceeding the price and ask for cash back? That might be a red flag. But what if a friend asked you to cash their “paycheck” because they lost their ID? You may have had no reason to be suspicious. Your defense hinges on demonstrating you acted in good faith.
The High Cost of a Conviction: Minnesota’s Penalties for Stolen or Counterfeit Checks Can Be Severe
Do not underestimate the penalties you are facing. Minnesota links the severity of a stolen or counterfeit check charge directly to the value of the check(s) and the number of victims involved. The sentences are tiered, referencing the general theft statute (§ 609.52), and can range from a misdemeanor to a serious felony. A conviction is not just a slap on the wrist; it’s a life-altering event that carries fines, the possibility of incarceration, and a permanent criminal record. The penalties for a § 609.528 conviction are designed to be harsh.
Misdemeanor Penalties
If the offense involves one victim and the total loss is $250 or less, you could be charged with a misdemeanor. This is the lowest level, but it is still a criminal conviction.
- Maximum of 90 days in jail
- Maximum fine of $1,000
Gross Misdemeanor Penalties
The charge is elevated to a gross misdemeanor if the offense involves one victim and the total loss is more than $250 but not more than $500.
- Maximum of 1 year in jail
- Maximum fine of $3,000
Felony Penalties
Your case becomes a felony in two primary scenarios. A felony conviction has devastating consequences, including the loss of civil rights.
- Lower-Level Felony: If the offense involves two or three victims OR the total loss is more than $500 but not more than $2,500. This can lead to:
- Up to 5 years in prison
- A fine of up to $10,000
- Higher-Level Felony: If the offense involves four or more victims OR the total loss is more than $2,500. This is the most serious level under this statute and carries severe penalties:
- Up to 10 years in prison
- A fine of up to $20,000
From Bad Deals to Desperate Moments: How These Charges Happen in Minnesota
These charges don’t just happen to career criminals. They happen to everyday people across Minnesota who find themselves in difficult or confusing situations. The circumstances leading to an arrest are often messy and filled with nuance—nuance the prosecution will ignore.
The “Friend in a Bind” Scenario
Someone you know, maybe a coworker or a new friend from a party in Uptown Minneapolis, asks you for a huge favor. They claim they lost their wallet and can’t cash their paycheck. They sign it over to you and ask you to cash it, offering you a cut for your trouble. You agree, wanting to help. When you take it to a check-cashing place in St. Paul, you’re told the check is counterfeit, and the police are called. You had no idea it was fake, but now you’re the one holding the evidence.
The Online Marketplace Deal Gone Wrong
You sell a valuable item, like a laptop or a bike, on a popular online marketplace. A buyer from the Rochester area agrees to your price and mails you a cashier’s check. The check is for more than the asking price, and the buyer asks you to deposit it and wire them the difference. It seems a little odd, but it’s a cashier’s check, so you assume it’s safe. Days after you wire the money, your bank informs you the check was a high-quality forgery, and you are now the primary suspect in a fraud investigation.
The Found Checkbook Misjudgment
You find a lost checkbook on the ground near the Canal Park area in Duluth after a busy summer festival. Instead of turning it in, you hold onto it. Later, facing financial pressure, you make a terrible decision and attempt to write a check to yourself for a small amount, hoping nobody will notice. You try to deposit it using a mobile app, but the bank flags it immediately. Your one-time lapse in judgment has now escalated into a serious felony investigation.
The Employee’s Desperate Act
You work for a small business in Brooklyn Park and have access to the company’s financial documents. Under extreme personal or financial duress, you take a few business checks. You forge the owner’s signature and cash them at various locations around Maple Grove and Plymouth over a few weeks. You think you’ve covered your tracks, but bank surveillance footage and a forensic accounting audit quickly uncover the scheme, leading to charges involving multiple victims (the business and the banks) and a high dollar amount.
Pushing Back Against the State: Powerful Defenses to Your Stolen Check Charge
An accusation is not a conviction. No matter how grim things look, you have the right to a defense. The burden of proof is entirely on the state, and they must convince a jury of your guilt beyond a reasonable doubt. My role is to cast that doubt. I will meticulously review every piece of evidence—the police report, witness statements, the check itself, and any surveillance footage—to find the weaknesses in the prosecution’s case. A successful defense is built on challenging the state’s narrative at every turn.
Your story matters. Perhaps you were deceived, or the police violated your rights during the investigation. We will explore every angle to protect your freedom. These cases are often won by exposing the gaps in the state’s evidence and highlighting the nuances they conveniently ignore. Together, we can build a strategy tailored to the specific facts of your case, whether you’re in St. Cloud, Eagan, or anywhere else in Minnesota.
Defense Strategy: Lack of Knowledge
This is the cornerstone defense for many § 609.528 cases. The state must prove you knew or should have known the check was stolen or fake. Simply possessing it is not enough.
- You Were Deceived: A person you trusted, perhaps a friend or employer, gave you the check and you had no reason to believe it was fraudulent. We can work to demonstrate your good faith and show how you were a victim of their scheme, not a participant.
- No Obvious Red Flags: The check may have appeared legitimate. If it was a high-quality counterfeit or a personal check from someone who gave you a believable story, we can argue that a reasonable person in your shoes would not have been suspicious.
- No Financial Gain: If you did not stand to gain financially from the transaction or were simply doing a favor, it helps undermine the prosecution’s claim that you had criminal intent.
Defense Strategy: You Weren’t in “Possession”
The state must prove you had control over the check. If the evidence of possession is weak, the case can be dismissed.
- Constructive Possession Issues: The check was found in a shared space, like a car or an apartment you share with others. We can argue the state cannot prove the check was yours and not someone else’s.
- Unwitting Messenger: You were simply transporting a sealed envelope or a document for someone else, unaware of its contents. In this case, you never knowingly possessed a fraudulent check.
Defense Strategy: The Check Wasn’t Stolen or Counterfeit
In some cases, the nature of the check itself can be disputed. This may seem unlikely, but administrative errors and false accusations happen.
- Civil Dispute, Not Criminal: The issue might be a stop-payment order or a dispute between the account holder and the payee, not a stolen check. This should be a matter for civil court, not a criminal prosecution.
- False Report: An accuser may have falsely reported a checkbook as stolen to avoid paying for a service or to get back at you. We can investigate the accuser’s credibility and motives.
Defense Strategy: Illegal Search and Seizure
Your constitutional rights are your shield. If law enforcement found the check by violating your Fourth Amendment rights, the evidence may be suppressed.
- Invalid Traffic Stop: The police pulled you over without reasonable suspicion and discovered the check during an illegal search of your vehicle.
- Warrantless Search of Your Home: Officers entered your home in Minneapolis or Plymouth without a warrant or a valid exception to the warrant requirement and found the evidence. If the search was illegal, the check cannot be used against you in court.
Minnesota Stolen & Counterfeit Check FAQs — What You Need to Know Now
Will I go to jail for possessing a stolen check in Minnesota?
It is a definite possibility. Even a misdemeanor conviction carries up to 90 days in jail. For felony-level offenses involving higher dollar amounts or multiple victims, a prison sentence is a very real threat. An aggressive defense is critical to avoiding incarceration by seeking a dismissal, a not-guilty verdict, or negotiating for a lesser sentence like probation.
Can a charge under Minn. Stat. § 609.528 be dismissed?
Yes. A dismissal is often the primary goal. I can fight for a dismissal by showing the prosecutor their evidence is too weak to win at trial, by proving your constitutional rights were violated, or by successfully negotiating a resolution like a continuance for dismissal, where the charge is dropped after a period of good behavior.
Do I really need a lawyer for a stolen check charge in Minneapolis?
Absolutely. A financial crime charge in Hennepin County is aggressively prosecuted. The prosecutors are experienced and have immense resources. Representing yourself or relying on a public defender with an overwhelming caseload puts you at a significant disadvantage. You need a dedicated advocate who knows the local system and will give your case the attention it deserves.
How is the “loss” amount calculated for sentencing?
The loss is the total value obtained through the fraudulent check(s). This includes the face value of the check and any expenses the victims incurred as a result, such as bank fees or costs to reclaim their identity. The prosecutor will try to inflate this number to secure a harsher penalty; I will fight to ensure it is calculated fairly and accurately.
What’s the difference between a stolen check and a counterfeit check?
A stolen check is a real, legitimate check that was taken from its owner. A counterfeit check is a complete fake, created to look like a real check from a non-existent account or a doctored copy of a real one. The law treats both situations with the same severity.
I didn’t know the check was fake. Is that a defense?
Yes, it is the most important defense. The statute requires that you acted “knowing or having reason to know” the check was fraudulent. If you genuinely and reasonably believed the check was legitimate, you have not committed this crime. My job is to gather the evidence and build the narrative that proves your innocent state of mind.
How long does a stolen check charge stay on my record in Minnesota?
A conviction for this crime will stay on your criminal record permanently unless you can get it expunged. Expungement in Minnesota is a complex legal process that is not guaranteed. The best strategy is to prevent the conviction from ever happening in the first place.
Can I be charged if I never successfully cashed the check?
Yes. The crime is the possession, sale, receipt, or transfer of the check with knowledge. You do not have to successfully obtain money to be found guilty. Simply being caught with the fraudulent check in your wallet is enough for the state to charge you.
What if I was forced or threatened to cash the check?
This could form the basis of a “duress” defense. If you committed the act only because you were under an immediate threat of serious bodily harm to yourself or a loved one, and you had no reasonable opportunity to escape, the court may find that you are not criminally liable.
I was just helping a friend. Will the court go easy on me?
No. The prosecutor will argue that “helping a friend” is not an excuse for breaking the law. They will likely view you as a willing participant in the crime. You need a strong legal defense to reframe the narrative and show that you were either an unwitting pawn or that your actions did not meet the legal definition of the crime.
What is a “direct victim” versus an “indirect victim”?
Under the statute, a “direct victim” is the person whose checks were stolen or whose name is on the counterfeit check. An “indirect victim” could be the bank, credit union, or check-cashing business in St. Paul or Rochester that suffered a financial loss because of the fraudulent check. The penalties can increase based on the number of victims.
If I pay the money back, will the charges be dropped?
Paying restitution is always a good idea and can help in negotiations, but it does not automatically lead to a dismissal. The state sees this as a crime against the public, not just a private debt. However, a willingness to make the victim whole can be a powerful mitigating factor that I can use to argue for a better outcome.
What’s the first thing I should do if I’m charged?
Do not speak to the police, investigators, or anyone else about your case. You have the right to remain silent—use it. Anything you say can and will be used against you. Your first and only call should be to a criminal defense attorney who can protect your rights and start building your defense immediately.
Are these charges common in suburban areas like Bloomington or Eden Prairie?
Yes. Financial crimes like check fraud occur everywhere, from dense urban centers to affluent suburbs. They often involve online transactions, employment situations, or scams that can target anyone, anywhere. Local police and county attorneys in these areas take these cases very seriously.
Can my immigration status be affected by a conviction?
Absolutely. A conviction for a financial crime like this is considered a “crime involving moral turpitude” (CIMT). A CIMT conviction can have catastrophic consequences for non-citizens, including deportation, denial of naturalization, or refusal of re-entry into the United States. It is critical to fight the charge with an attorney who understands these stakes.
Beyond the Courtroom: The Lifelong Shadow of a Financial Crime Conviction
If you are convicted of possessing or selling a stolen or counterfeit check, the judge’s sentence is only the beginning of your punishment. A conviction for a financial crime, especially a felony, creates a permanent stain on your record that follows you long after you have paid your fines or completed your probation. These are known as collateral consequences, and they can impact nearly every aspect of your life, limiting your freedom and opportunities for years to come. You are not just fighting to stay out of jail; you are fighting for your future.
Your Professional Future and Criminal Record
A conviction for a crime of dishonesty makes it incredibly difficult to find meaningful employment. When potential employers in Minneapolis, St. Paul, or anywhere in Minnesota run a background check, this conviction will appear. You may be automatically disqualified from jobs in finance, banking, healthcare, education, or any position that requires a security clearance or professional license. It can slam the door on your career goals and relegate you to lower-paying jobs, regardless of your skills or qualifications.
Your Right to Own a Firearm
A felony conviction in Minnesota results in a lifetime ban on possessing firearms and ammunition. This is not just about hunting or sport shooting; it is a fundamental civil right that is stripped away from you permanently. If you are convicted of a felony-level offense under § 609.528, you will lose your Second Amendment rights forever. This is a severe and irreversible consequence that many people do not consider until it is too late.
Finding Housing and Getting an Education
Your criminal record can also be a major barrier to securing safe and stable housing. Landlords routinely run background checks and are often hesitant to rent to someone with a theft or fraud conviction, fearing you are a risk. Likewise, some educational institutions and federal student loan applications require disclosure of criminal convictions, potentially jeopardizing your ability to pursue higher education or vocational training and build a better life for yourself.
Immigration Status at Risk
For non-U.S. citizens, the stakes are even higher. As a crime of dishonesty, a conviction under this statute is almost certain to be classified as a Crime Involving Moral Turpitude (CIMT). This can trigger deportation proceedings, even if you are here legally with a green card. It can also make you inadmissible, meaning you could be denied re-entry if you leave the country, and it will almost certainly prevent you from ever becoming a U.S. citizen.
You Can’t Afford to Wait: Why a Determined Minnesota Check Fraud Attorney is Your Best Defense
When the state has its sights on you, you cannot afford to be passive. The prosecutor assigned to your case has one mission: to convict you. They have the full resources of the government behind them. To level the playing field, you need a defender in your corner who is just as determined, strategic, and relentless. You need a private criminal defense attorney who will be your champion and your shield, fighting for you every step of the way. This is not the time for a public defender juggling hundreds of cases; this is the time for personalized, focused advocacy.
The Critical Difference a Private Lawyer Makes
When you hire me, you are not just another case file. You are my client, and your future is my priority. Unlike an overworked public defender, I have the time and resources to dedicate to your case. This means I can conduct a thorough investigation, interview all potential witnesses, file aggressive pre-trial motions to challenge the state’s evidence, and prepare a meticulously crafted defense for trial. You will have direct access to me—your attorney—to answer your questions and guide you through this confusing process. This level of personal attention can make all the difference between a conviction and a dismissal.
Acting Fast Can Change Everything
The most critical window in a criminal case is right at the beginning. The sooner you hire an attorney, the more opportunities we have to control the outcome. I can intervene early, sometimes even before formal charges are filed, to present your side of the story to the prosecutor and point out the weaknesses in their case. This can lead to charges never being filed at all, or being filed at a much lower level. If you wait, evidence can disappear, witnesses’ memories can fade, and the prosecution will have a head start in building their case against you. Your first move should be to secure a powerful defense.
Navigating Minnesota’s Courts, From Hennepin to St. Louis County
Every county courthouse in Minnesota has its own way of doing things—its own prosecutors, judges, and unwritten rules. I have represented clients in courtrooms across the state, from the major metropolitan hubs of Minneapolis and St. Paul to Rochester, Duluth, and St. Cloud. I understand the local legal landscapes, and I know the key players. This firsthand experience allows me to tailor your defense strategy to the specific court and prosecutor you are up against, giving you a crucial home-field advantage no matter where you were charged.
Building a Strategy Designed for a Win
My approach is not to simply manage the damage; it is to fight for the best possible result. For you, a win might mean a full dismissal of the charges. It might mean winning a not-guilty verdict at trial. Or, it might mean negotiating a favorable plea agreement that keeps a felony off your record and protects your future. I will analyze every angle of your case to find the path to your best outcome. I will prepare your case as if it is going to trial from day one, ensuring that we are always negotiating from a position of strength. Your freedom and your future are on the line. Contact me today, and let’s start building the defense you need and deserve.