Fighting a Nonsupport Accusation in St. Louis County with a Dedicated Defense Attorney
Your world in Duluth, or perhaps a hardworking community like Cloquet or Proctor, has just been thrown into immediate chaos. You’re facing a nonsupport accusation, and the emotional weight of it is immense. The thought of being branded a criminal, the threat to your job, and the damage to your reputation in a tight-knit town are terrifying. More profoundly, you worry about the impact on your family, the very people you are accused of failing. The power of the state, with its prosecutors and child support enforcement agencies, feels overwhelming, and you need a clear path forward, a way to navigate this crisis without your life being permanently derailed.
This accusation feels like the end, but it is not. It is the beginning of a fight, a battle for your financial stability, your good name, and your future. Unlike many other criminal charges, a nonsupport accusation sometimes presents a unique opportunity for discharge and dismissal under Minnesota Statute 609.3751 – a path to avoid a felony conviction entirely. You need a relentless advocate by your side, someone who understands this critical statute and is prepared to aggressively pursue every avenue to secure this outcome for you. My unwavering commitment is to forge that clear path forward, armed with strength, strategic insight, and an unyielding dedication to your defense, ensuring this charge does not define or destroy your life in Northern Minnesota, from Two Harbors to Bemidji.
The Stakes: What a Conviction Truly Costs
While Minnesota Statute 609.3751 offers a powerful path to avoid a conviction, it is crucial to understand the devastating impact if that path is not successfully navigated and you are ultimately convicted of nonsupport. A conviction for nonsupport is far more than a legal judgment; it is a profound and enduring mark that will reshape every aspect of your life, impacting your future in ways you might not fully anticipate.
Your Permanent Criminal Record
A conviction for nonsupport, particularly if charged as a felony, will result in a permanent criminal record, an indelible public mark that will follow you throughout your life. This record is readily accessible to anyone conducting a background check, including potential employers, landlords, and lending institutions. It acts as a perpetual scarlet letter, constantly resurfacing to demand explanations, invite judgment, and cast a long shadow of doubt, irrespective of how much time has passed or how diligently you strive to rebuild your life. In close-knit communities across St. Louis County, a felony nonsupport record can lead to profound social ostracization and a persistent feeling of being under constant scrutiny, especially given the sensitive nature of child support.
Loss of Second Amendment Rights
One of the most significant, yet frequently overlooked, collateral consequences of any felony criminal conviction in Minnesota, including felony nonsupport, is the permanent forfeiture of your Second Amendment rights. This means you will be legally prohibited from owning, possessing, or transporting firearms for the rest of your life. For many individuals throughout Northern Minnesota, where hunting, sport shooting, and the right to personal protection are deeply ingrained cultural values and integral to their way of life, this loss is not merely a legal restriction; it represents a fundamental and irreversible alteration of their freedoms and activities. This prohibition is absolute and represents a permanent surrender of a liberty that many consider a cornerstone of their existence.
Barriers to Employment and Housing
A felony nonsupport conviction erects formidable and often insurmountable barriers to securing stable employment and suitable housing. Employers are typically highly reluctant, and often legally constrained, from hiring individuals with a criminal record, especially for positions of financial trust or those requiring background checks. Many government jobs or positions requiring security clearances will be entirely off-limits. Landlords routinely conduct comprehensive criminal background checks, and a conviction will severely limit your housing options, potentially forcing you into less desirable or precarious living situations. This isn’t merely about inconvenience; it fundamentally impacts your ability to earn a livelihood, provide for your family, and secure a safe place to reside, leading to long-term financial instability and social disadvantage.
Impact on Professional Licenses and Reputation
For those holding professional licenses—whether as a financial advisor, real estate agent, or in any other regulated profession that demands financial probity—a nonsupport conviction can lead to immediate suspension or permanent revocation of that license. This effectively dismantles your career, rendering years of education, training, and dedication meaningless. Beyond the professional devastation, your personal reputation within your community—be it Duluth, Bemidji, Cloquet, or any of the towns in Northern Minnesota—will be irrevocably damaged. The accusation itself can be devastating, but a conviction publicly validates the allegations, leading to profound social isolation, a persistent loss of trust, and widespread personal and professional discredit that will be difficult, if not impossible, to overcome.
The Accusation: Understanding the State’s Case
When confronted with a nonsupport charge, it’s vital to understand not just the elements of the crime, but also the crucial pathways that might allow you to avoid a full conviction. Minnesota Statute 609.3751 offers a specific mechanism for “Discharge and Dismissal,” providing a critical opportunity to resolve the case without the burden of a permanent criminal record.
What Does the State Allege? Discharge and Dismissal Explained in Plain English
Minnesota Statute 609.3751 does not define a crime; instead, it provides a unique pathway for individuals charged with violating Minnesota Statute 609.375 (Nonsupport of Spouse or Child) to avoid a permanent criminal conviction. In plain English, this law allows a court, even after a trial or a guilty plea, to defer formal entry of a judgment of guilt. Instead, the person is placed on probation, subject to specific conditions. The most important conditions will always revolve around providing financial information to the child support authority and establishing a written payment agreement for both current support and any past-due amounts (arrearages).
If you successfully complete this period of probation and adhere to all conditions, especially making your payments, the court is then required to discharge you and dismiss the entire proceedings without ever entering a judgment of guilty. This means you avoid the devastating consequences of a conviction. However, there are strict eligibility requirements for this program. My role, as your attorney, is to rigorously assess your eligibility, negotiate favorable probation conditions, and guide you through this process to ensure you achieve the ultimate goal: a discharge and dismissal that keeps your record clean in St. Louis County and beyond.
The Law on the Books: Minnesota Statute 609.3751
Minnesota Statute 609.3751 provides a specific deferral program for individuals charged with nonsupport of spouse or child. Its purpose is to encourage compliance with child support obligations while offering eligible individuals an opportunity to avoid a formal criminal conviction, provided they meet strict criteria and successfully complete a period of probation under court supervision, primarily focused on financial compliance.
609.3751 DISCHARGE AND DISMISSAL.
Subdivision 1.Applicability. A person is eligible for a discharge and dismissal under this section, if the person:
(1) has not been previously convicted of a felony under the laws of this state or elsewhere;
(2) has not been previously convicted of a violation of section 609.375 or of a similar offense in this state or elsewhere;
(3) has not previously participated in or completed a diversion program relating to a charge of violating section 609.375; and
(4) has not previously been placed on probation without a judgment of guilty for violation of section 609.375.
Subd. 2.Procedure. For a person eligible under subdivision 1 who is charged with violating section 609.375, the court may after trial or upon a plea of guilty, without entering a judgment of guilty and with the consent of the person, defer further proceedings and place the person on probation upon such reasonable conditions as it may require and for a period not to exceed the maximum sentence provided for the violation. At a minimum, the conditions must require the defendant to:
(1) provide the public authority responsible for child support enforcement with an affidavit attesting to the defendant’s present address, occupation, employer, current income, assets, and account information, as defined in section 13B.06; and
(2) execute a written payment agreement regarding both current support and arrearages that is approved by the court.
In determining whether to approve a payment agreement under clause (2), the court shall apply the provisions of chapter 518A consistent with the obligor’s ability to pay.
Subd. 3.Violation. Upon violation of a condition of the probation, including a failure to comply with the written payment agreement approved by the court under subdivision 2, clause (2), the court may enter an adjudication of guilt and proceed as otherwise provided in law.
Subd. 4.Early dismissal. The court may, in its discretion, dismiss the proceedings against the person and discharge the person from probation before the expiration of the maximum period prescribed for the person’s probation but may do so only if the full amount of any arrearages has been brought current.
Subd. 5.Dismissal; record. (a) For purposes of this subdivision, “not public” has the meaning given in section 13.02, subdivision 8a.
(b) If during the period of probation the person does not violate any of the conditions of the probation, then upon expiration of the period the court shall discharge the person and dismiss the proceedings against that person. Discharge and dismissal under this subdivision shall be without court adjudication of guilt, but a not public record of it shall be retained by the Bureau of Criminal Apprehension for the purpose of use by the courts in determining the merits of subsequent proceedings against the person. The not public record may also be opened only upon court order for purposes of a criminal investigation, prosecution, or sentencing. Upon request by law enforcement, prosecution, or corrections authorities, the bureau shall notify the requesting party of the existence of the not public record and the right to seek a court order to open it pursuant to this section. The court shall forward a record of any discharge and dismissal under this section to the bureau which shall make and maintain the not public record of it as provided under this section. The discharge or dismissal shall not be deemed a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime or for any other purpose.
The Prosecution’s Burden: Elements of Eligibility for Discharge and Dismissal
While Minnesota Statute 609.3751 doesn’t have “elements of a crime,” the prosecution’s burden, if they wish to prevent a discharge and dismissal, becomes proving that you are not eligible for the program, or that you have violated its terms. My job is to ensure they cannot successfully make these arguments, thereby securing your opportunity for a clean record. The eligibility criteria outlined in Subdivision 1 are critical hurdles the defense must prove you meet, or that the prosecution must fail to disprove.
- No Prior Felony Conviction: The prosecution must not be able to prove that you have been previously convicted of a felony under Minnesota law or the laws of any other state. This is a clear, objective criterion. My defense will meticulously review your criminal history to confirm you meet this eligibility requirement. If the prosecution attempts to present an ambiguous or disputed prior conviction, I will challenge its validity and applicability to your eligibility for this program.
- No Prior Nonsupport Conviction (or Similar Offense): The prosecution must not be able to prove that you have been previously convicted of a violation of Minnesota Statute 609.375 (nonsupport) or a similar offense in Minnesota or elsewhere. This is specific to the nature of the current charge. My role is to ensure no such prior conviction exists, as it would immediately disqualify you from the discharge and dismissal program. This involves a thorough review of your record for any past support-related offenses.
- No Prior Diversion Program for Nonsupport: The prosecution must not be able to prove that you have previously participated in or completed a diversion program specifically relating to a charge of violating Minnesota Statute 609.375. Diversion programs are often designed to offer a similar opportunity to avoid conviction, but previous participation in one for the same type of offense disqualifies you from 609.3751. My defense will verify your history to confirm you have not used such a program for a prior nonsupport charge.
- No Prior Probation Without Judgment for Nonsupport: The prosecution must not be able to prove that you have previously been placed on probation without a judgment of guilty specifically for a violation of Minnesota Statute 609.375. This condition is designed to prevent repeated use of this specific type of deferral for the same crime. My defense will confirm that you have not previously benefited from this exact type of non-adjudicated probation for a nonsupport offense, which would make you ineligible now.
The Potential Outcome: Navigating Probation and Dismissal
Minnesota Statute 609.3751 offers a very specific and advantageous outcome for those charged with nonsupport: the opportunity to avoid a formal criminal conviction. This process involves a period of probation focused on financial compliance, with a clear path to complete discharge and dismissal if all conditions are met.
Deferral of Proceedings and Probation
If you are eligible under Subdivision 1 and the court consents, instead of entering a judgment of guilty after a trial or plea, the court will “defer further proceedings” and place you on probation. This means the case remains open but dormant, with no conviction on your record yet. The probation period cannot exceed the maximum sentence for the underlying nonsupport violation. The conditions of this probation are crucial: you must provide the child support enforcement authority with a detailed affidavit of your financial situation (address, occupation, income, assets), and you must enter into a written payment agreement covering both current support and any arrearages. This payment agreement must be approved by the court, taking into account your ability to pay. My role is to help negotiate reasonable and achievable conditions, ensuring the payment plan is realistic for your financial circumstances.
Consequences of Probation Violation
The deferral and probation granted under 609.3751 come with a strict condition: you must comply with all terms. If you violate any condition of the probation, including a failure to meet the written payment agreement approved by the court, the court has the authority to “enter an adjudication of guilt.” This means the deferral is revoked, a formal conviction for nonsupport is entered on your record, and the court can then proceed to sentence you as otherwise provided in law, potentially including jail time and fines. My commitment is to help you understand and adhere to all conditions, and to aggressively represent you if an alleged violation occurs, challenging the state’s claims to prevent an adjudication of guilt.
Early Dismissal Opportunity
Under Subdivision 4, the court has the discretion to dismiss the proceedings against you and discharge you from probation before the maximum period expires. This “early dismissal” is a significant benefit, allowing you to resolve the matter sooner. However, this early dismissal can only occur “if the full amount of any arrearages has been brought current.” This incentivizes diligent payment of past-due support. My strategy often involves working towards this early dismissal by encouraging and facilitating the payment of arrearages as quickly as possible, demonstrating your commitment to compliance and a clean record.
Final Dismissal and Not Public Record
If you successfully complete the entire period of probation without violating any conditions, Subdivision 5 dictates that the court shall discharge you and dismiss the proceedings. This discharge and dismissal occurs “without court adjudication of guilt.” Crucially, this dismissal “shall not be deemed a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime or for any other purpose.” While a “not public record” of it is retained by the Bureau of Criminal Apprehension for court use in future proceedings, this record can only be opened by court order for specific reasons (criminal investigation, prosecution, sentencing). For all practical purposes, you avoid the stigma and long-term consequences of a criminal conviction, allowing you to move forward with your life in Duluth, St. Louis County, or anywhere in Northern Minnesota.
The Battle Plan: Building Your Strategic Defense
A nonsupport accusation in Minnesota, while serious, often presents a unique opportunity under Minnesota Statute 609.3751: the chance for discharge and dismissal, avoiding a permanent criminal conviction. This is not a moment for despair or passivity. An accusation is never a conviction, and the fight to secure this critical outcome for you begins now. It is a battle that demands a precise, strategic plan, executed with unwavering resolve.
An Accusation is Not a Conviction: The Path to Dismissal Starts Now
Let me be absolutely clear: an accusation of nonsupport is precisely that—an accusation. It is not a judgment, and it is certainly not a conviction, especially when Minnesota Statute 609.3751 provides a direct path to avoid one. Your fight for financial stability, for your reputation, and for your freedom begins the moment the state levels this charge against you. Too many people mistakenly believe that because they are behind on child support, a conviction is inevitable. This could not be further from the truth. The prosecution may have its case, but my unwavering focus, as your defense attorney, is to demonstrate your eligibility for the discharge and dismissal program, negotiate favorable terms, and guide you meticulously through the process to achieve a clean record. We will scrutinize every detail of your financial situation, challenge any overreaching demands, and aggressively pursue every avenue to secure this vital opportunity for you.
Your defense is not a passive process; it is an active, dynamic engagement centered on leveraging Minnesota Statute 609.3751. From the moment you retain my services, we embark on a thorough assessment of your eligibility and a strategic plan to secure and successfully complete the discharge and dismissal program. This involves meticulously gathering all necessary financial documentation, negotiating a realistic and court-approved payment agreement with the child support enforcement authority, and ensuring strict compliance with all probation conditions. I will relentlessly advocate for your interests, ensuring that the court understands your commitment to meeting your obligations while preventing the devastating impact of a criminal conviction on your life in Duluth, St. Louis County, or anywhere in Northern Minnesota.
How a Nonsupport Charge Can Lead to Discharge and Dismissal
Achieving a discharge and dismissal under Minnesota Statute 609.3751 requires a proactive and precise legal strategy. My approach focuses on establishing your eligibility, negotiating the terms, and ensuring successful completion of the program.
Establishing Eligibility
The first and most critical step is to confirm and present evidence that you meet the strict eligibility requirements outlined in Subdivision 1 of Minnesota Statute 609.3751.
- Comprehensive Background Review: I will conduct a thorough review of your entire criminal and legal history to proactively identify any potential disqualifiers, such as prior felony convictions, previous nonsupport convictions, or prior participation in similar diversion programs or non-adjudicated probation. By understanding your full background, I can anticipate and address any potential challenges the prosecution might raise regarding your eligibility. If a challenge is raised, I will aggressively present evidence and arguments demonstrating your compliance with the eligibility criteria, ensuring the court recognizes your right to this opportunity.
Negotiating Favorable Payment Agreements
The heart of the 609.3751 program is the written payment agreement, which must be approved by the court.
- Realistic Financial Assessment: I will work closely with you to gather all necessary financial documentation—income, assets, debts, and expenses—to present a comprehensive and accurate picture of your ability to pay. This forms the basis for negotiating a written payment agreement that is realistic and sustainable for your circumstances. The statute explicitly states the court “shall apply the provisions of chapter 518A consistent with the obligor’s ability to pay.” My role is to ensure this principle is vigorously applied, preventing the court from imposing an unachievable payment schedule that would set you up for failure.
- Advocacy for Reasonable Conditions: Beyond the payment agreement, the court may impose other “reasonable conditions” for probation. I will advocate to ensure that these conditions are truly reasonable and directly related to the goals of the program, avoiding overly burdensome or irrelevant requirements that could jeopardize your success. My focus is on creating a path that you can realistically complete, leading to dismissal.
Demonstrating Compliance and Good Faith
Once probation begins, unwavering compliance with the payment agreement and all conditions is paramount.
- Consistent Communication: Maintaining open and consistent communication with both the court and the child support enforcement authority is essential. I will advise you on the best practices for documenting all payments and interactions, ensuring there is a clear record of your good faith efforts. This proactive approach helps to avoid misunderstandings that could lead to alleged violations.
- Proactive Problem Solving: If unforeseen financial difficulties arise, immediate and proactive communication with your attorney is critical. I can then work to notify the court and child support authority, and potentially negotiate temporary modifications to the payment plan or address other issues before they become violations. Demonstrating transparency and a genuine commitment to resolving the arrearages can be crucial in maintaining your eligibility for dismissal.
Challenging Alleged Violations
Even with the best intentions, circumstances can lead to alleged probation violations.
- Vigorous Defense Against Allegations: If the prosecution alleges a violation of probation, it does not automatically mean a judgment of guilt will be entered. I will aggressively defend against any such allegations, scrutinizing the evidence, challenging the accuracy of claims, and presenting any mitigating circumstances that may have contributed to a missed payment or other non-compliance. My goal is to prevent the court from entering an adjudication of guilt and to keep you on the path to discharge and dismissal.
- Mitigation and Reinstatement: If a violation did occur, my strategy shifts to presenting compelling arguments for mitigation, demonstrating your commitment to rectify the issue, and advocating for reinstatement of probation rather than an adjudication of guilt. This might involve demonstrating renewed efforts to pay, explaining financial hardships, or proposing new payment structures to get you back on track.
Defense in Action: Scenarios in Northern Minnesota
Applying these strategies to real-world situations illustrates how a robust defense can leverage Minnesota Statute 609.3751 to secure a discharge and dismissal, protecting your future in Northern Minnesota communities.
Scenario in Duluth: First-Time Nonsupport Charge with a New Job
You are a resident of Duluth, recently laid off from a long-term job, and as a result, fell behind on child support payments. You’re now facing a nonsupport charge under 609.375. However, you’ve just secured a new, stable job, and you’re determined to get back on track. The prospect of a felony conviction, especially as you’re starting anew, is terrifying, but you know you can pay once you get established.
In this scenario, the immediate focus would be on demonstrating eligibility for discharge and dismissal under 609.3751. Since this is your first nonsupport charge and no prior disqualifying convictions exist, I would proactively gather proof of your new employment and income. We would then aggressively move to negotiate a favorable payment agreement with the child support enforcement agency and the court, proposing a realistic payment schedule for both current support and manageable arrearages. My advocacy would highlight your new employment as a sign of good faith and ability to pay, presenting a clear path for the court to defer proceedings and place you on probation, with the ultimate goal of a full dismissal once payments are current.
Scenario in Bemidji: Resolving Arrearages for Early Dismissal
You’re a parent in Bemidji, and after some past financial struggles, you’re currently facing a nonsupport charge. You’ve been placed on probation under 609.3751, diligently making your ongoing payments, but you’ve just received an unexpected bonus or tax refund. You’re eager to get this matter behind you and avoid the full probation period, and your primary goal is to clear your name in the Bemidji community as soon as possible.
Here, the strategy would be to pursue early dismissal under Subdivision 4 of 609.3751. With the new funds available, I would immediately advise you to use them to bring the full amount of any arrearages current. Once confirmed, I would file a motion with the court, demonstrating that all past-due support has been paid. My argument would be that you have met the statutory requirement for early dismissal, showcasing your proactive commitment to your obligations and proving that you are no longer a risk. This allows the court, in its discretion, to discharge you from probation and dismiss the case much sooner than originally planned, clearing your record more quickly.
Scenario in Cloquet: Challenging an Alleged Probation Violation
You’ve been on probation under 609.3751 in Cloquet, diligently making payments. However, an unexpected medical emergency led to a single missed payment, and now the prosecution is moving to revoke your probation and enter a judgment of guilt. You’re terrified of losing the opportunity for dismissal, especially after working so hard to comply. The local court in Carlton County might be inclined to simply rule based on the missed payment.
In this situation, the focus would be challenging alleged violations and advocating for mitigation and reinstatement. I would immediately gather all documentation related to your medical emergency, including hospital bills, doctor’s notes, and proof of lost income, to explain the legitimate reason for the missed payment. I would present a strong argument to the court demonstrating that this was an isolated incident caused by unforeseen circumstances, not a willful refusal to pay. I would propose a plan to immediately make up the missed payment and re-establish the payment schedule, urging the court to reinstate your probation rather than entering a devastating adjudication of guilt. My goal is to prevent the conviction and keep you on the path to dismissal.
Scenario in St. Louis County: Disputed Eligibility from an Old Record
You’ve been charged with nonsupport in St. Louis County. You believe you’re eligible for 609.3751, but the prosecution is claiming you have a prior “similar offense” from another state decades ago, which you don’t recall. This old record, from perhaps a different state like Wisconsin or North Dakota, is ambiguous and could prevent you from benefiting from the discharge program, jeopardizing your future in Two Harbors or Proctor.
Here, the defense would center on establishing eligibility by meticulously challenging the prosecution’s claim of a disqualifying prior conviction. I would immediately obtain all records pertaining to the alleged prior offense from the other state. We would meticulously analyze the specific statutes and circumstances of that old charge to determine if it truly qualifies as a “similar offense” to 609.375 under Minnesota law. If there’s any ambiguity or if the old offense was not truly “similar” or was handled in a way that doesn’t count as a “conviction” or “diversion” as defined by 609.3751, I would aggressively argue against its use to disqualify you, ensuring you get the opportunity for discharge and dismissal.
The Advocate: Why a Dedicated Duluth Defense Attorney is Essential
When you are accused of nonsupport in Minnesota, particularly when aiming for the critical discharge and dismissal opportunity under Minnesota Statute 609.3751, you are not just battling a legal charge; you are fighting for your financial stability, your reputation, and your future. This is not a fight to undertake alone. You need an unwavering advocate, a fighter who understands the complexities of the law and is prepared to secure this vital path to a clean record for you.
Countering the Resources of the State
You are facing an adversary with significant resources: the state of Minnesota, its prosecution offices in Duluth and across St. Louis County, and the powerful child support enforcement agencies. They have dedicated staff focused on collecting arrearages and enforcing court orders. While 609.3751 provides a mechanism for resolution, navigating their bureaucracy and ensuring your rights are protected requires a powerful counter-force. I stand as that counter-force. I will leverage my knowledge, resources, and aggressive defense strategies to ensure that your financial situation is accurately represented, that payment plans are realistic, and that any attempts to deny your eligibility or prematurely revoke your probation are met with tenacious legal arguments. I will ensure that their vast resources are met with a defense that is equally rigorous and far more focused on securing your discharge and dismissal.
Strategic Command of the St. Louis County Courts
Navigating the criminal justice system in St. Louis County, whether in the bustling courtrooms of Duluth or the quieter dockets of Two Harbors or Proctor, demands more than a general understanding of the law. It requires strategic command of the local courts, their specific procedures, and the individual judges and prosecutors you will encounter. Each courtroom, each judge, and each prosecutor in St. Louis County has their own nuances, their own tendencies, and their own approach to cases, especially those involving financial compliance and diversion programs like 609.3751. An attorney who regularly practices in these courts possesses an invaluable advantage, understanding these subtle dynamics that can profoundly influence the outcome of your case. I am intimately familiar with the St. Louis County judicial landscape. This localized insight allows me to anticipate the prosecution’s moves, craft arguments that resonate with the local judiciary, particularly concerning your ability to pay and your commitment to compliance, and negotiate from a position of strength, ensuring that your case is handled with the precision and foresight it demands within this specific legal environment.
Fighting for Your Story, Not Just the Police Report
When a nonsupport accusation is made, the official records often paint a picture solely focused on missed payments or arrearages, potentially overlooking the complex financial circumstances or personal hardships that led to the situation. This is a one-sided account that can easily dictate the entire course of your case if left unchallenged. Your true financial story, your efforts to seek employment, and your genuine intent to meet your obligations are often entirely absent or distorted in these initial records. My unwavering commitment is to fight for your story. I will not allow the prosecution’s truncated narrative, heavily reliant on a simple balance sheet, to define you or your case. This involves a comprehensive, independent investigation into your financial situation, meticulously gathering all documentation, and presenting a compelling narrative of your challenges and your commitment to resolving your obligations. I will ensure that your voice is heard, that your side of the story is presented powerfully and clearly, and that the court considers the full, complex truth, allowing you the opportunity for discharge and dismissal.
An Unwavering Commitment to a Winning Result
My commitment to your case is absolute and unwavering. When facing a nonsupport charge, especially with the opportunity for discharge and dismissal under Minnesota Statute 609.3751, the stakes are incredibly high—your financial future, your reputation, and your ability to avoid a criminal record all hang in the balance. This is not a situation for half-measures or passive representation. My philosophy is rooted in a relentless pursuit of the best possible outcome for you, which in this context means securing and successfully completing the discharge and dismissal program. I will tirelessly work to identify every nuance in your eligibility, to negotiate the most favorable probation conditions, to guide you through every step of compliance, and to advocate fiercely on your behalf if any challenges arise. My goal is simple: to secure your discharge and dismissal, to keep your record clean, and to help you reclaim your life in Duluth, Bemidji, Cloquet, or wherever you call home in Northern Minnesota.
Your Questions Answered
What is the main benefit of Minnesota Statute 609.3751?
The main benefit of Minnesota Statute 609.3751 is that it allows eligible individuals charged with nonsupport to avoid a formal criminal conviction if they successfully complete a period of probation, primarily focused on paying their child support obligations.
Who is eligible for discharge and dismissal under this statute?
Eligibility typically requires that you have no prior felony convictions, no prior convictions for nonsupport, and no previous participation in diversion programs or non-adjudicated probation for nonsupport. Your attorney will verify your specific history.
What happens if I’m granted discharge and dismissal?
If granted, the court will discharge you from probation and dismiss the criminal proceedings against you without entering a judgment of guilt. For legal purposes, this is not considered a conviction, protecting you from many disqualifications.
What are the typical conditions of probation under 609.3751?
The mandatory conditions include providing an affidavit of your financial information to child support enforcement and executing a court-approved written payment agreement for current support and arrearages. Other reasonable conditions may also be imposed.
What if I violate a condition of probation?
If you violate a condition, particularly failing to comply with the payment agreement, the court may revoke the deferral, enter an adjudication of guilt (meaning you are convicted), and then sentence you as provided by law, which could include jail time.
Can I get an “early dismissal” under this statute?
Yes, the court has the discretion to grant an early dismissal if the full amount of any child support arrearages has been brought current before the scheduled end of your probation period.
Does “discharge and dismissal” mean my record is completely erased?
No, Subdivision 5 states that a “not public record” is retained by the Bureau of Criminal Apprehension for court use in subsequent proceedings. However, it is not considered a public conviction and does not impose disqualifications.
How does the court determine my ability to pay in the payment agreement?
The court must apply the provisions of Minnesota’s child support laws (Chapter 518A) “consistent with the obligor’s ability to pay.” Your attorney will present your financial information to ensure a realistic and achievable payment plan.
Can this program help me avoid predatory offender registration?
Since Minnesota Statute 609.3751 applies to nonsupport charges (not criminal sexual conduct), predatory offender registration is not typically a direct consequence of a nonsupport conviction, nor would it be a concern if you successfully complete this program.
What happens if I’m not eligible for 609.3751?
If you are not eligible, or if you violate the program, the case would proceed through the standard criminal justice system for a nonsupport charge, potentially leading to a felony conviction and its associated penalties.
Do I still have to pay child support if I complete this program?
Yes, completing the program and having the criminal charges dismissed means you successfully met your payment obligations as part of the probation. Your ongoing civil child support obligations remain separate from the criminal case.
How long does the probation period typically last?
The probation period cannot exceed the maximum sentence provided for the nonsupport violation, which is a felony. This could be several years, but an early dismissal is possible if arrearages are paid.
Can I get this program if I’ve been in trouble for other crimes before?
Eligibility is strict: no prior felony convictions, and no prior convictions or diversions specifically for nonsupport. Other minor offenses might not disqualify you, but a detailed review of your record is essential.
Why is an attorney important for this process?
An attorney is crucial for assessing eligibility, negotiating favorable and realistic payment terms, guiding you through the complex legal process, challenging any alleged probation violations, and advocating for early dismissal, all to secure your clean record.
Will this affect my credit score?
While the criminal charge itself, if dismissed, shouldn’t directly impact your credit, the underlying child support arrearages can independently affect your credit score regardless of the criminal proceedings. Resolving them through this program helps both aspects.