What is a Petty Misdemeanor?
A petty misdemeanor is a small violation, prohibited by a statute. But it’s not a crime.
It has a maximum sentence of a fine only, of $300 or less. Minnesota Statutes Section 609.02, subd. 4a; Minnesota Rules of Criminal Procedure 23.01.
The law does not allow arrest or jail, before or after “conviction.”
Can result in a public “conviction” record
In Minnesota, even though a petty misdemeanor violation is “not a crime;” the charge does result in a “conviction” (unless a non-conviction outcome such as dismissal).
Though this should not damage a person’s reputation, occupational licensing and job prospects, it may. Better to avoid this legal and social ambiguity by avoiding even a petty conviction. A good defense attorney can help accomplish that.
What about a Misdemeanor “certified as a Petty” or on the courts “payables list”?
A misdemeanor charge can result in a petty conviction three ways:
- The sentence is within petty limits.
- The prosecutor “certifies” the misdemeanor charge as a petty.
- The misdemeanor is on the court’s payable offenses list.
Sentence is within petty misdemeanor limits
Though not addressed in Minnesota Statutes, the Court’s Minnesota Rules of Criminal Procedure 23.02 says: “A conviction is deemed a petty misdemeanor if the sentence imposed is within petty misdemeanor limits.”
The Court will certify a conviction as a Petty based on the sentence imposed, under this Court Rule. As a result, for example, if the Judge imposes a sentence within the petty limits (no jail and a fine of $300 or less); a person adjudicated guilty of a gross misdemeanor charge would have a petty level conviction.
Can a prosecutor certify a misdemeanor charge as a petty misdemeanor?
The law addresses prosecutors attempting to certify a misdemeanor charge for prosecution as a petty. See, for example, Minnesota Rules of Criminal Procedure 23.04. What does that mean? On the positive side, a petty conviction is less serious than a misdemeanor conviction. But on the other hand, it takes away the constitutional right of the accused to a jury trial.
The accused can object and ask the judge to prevent this. Anytime a prosecutor can unilaterally strip a person of their fundamental rights; is constitutionally suspect. One problem facing the person charged with a misdemeanor crime “certified as a petty” is that their public criminal record will show the misdemeanor criminal charge, which can have serious consequences. We should not allow the prosecutor to strip the accused of his or her right to a jury trial, against their will, and place them under the cloud of a public record of conviction of a misdemeanor charge, even with a petty misdemeanor sentence.
Minnesota court’s payable offenses list
The Minnesota Court develops and maintains a list of “payable offenses” or “payables.” A “offense” is a crime, such as a felony, gross misdemeanor or simple misdemeanor. A petty misdemeanor is a “violation,” not an offense.
So, a “payable offense” conveys: “a charge for which a person can pay a fine without going to court.” As reviewed above, if the sentence is within the petty limits, the “offense” becomes a petty misdemeanor “conviction.” The Minnesota court makes the list of payable offenses available online. But usually a citation for a payable offense will suggest payment of the fine.
A person cited for a misdemeanor payable offense has the right to arrange a court date and try to prevent a conviction from going on their public court record.
One example of a misdemeanor payable offense is marijuana in a motor vehicle (small amount – plant form). A police officer giving a citation for that offense will suggest “you don’t even need to go to court,” as if that’s a good thing. But if you mail in the fine, you’ll have a petty conviction of a misdemeanor charge on your court record.
In addition, the court administrator will certify the motor vehicle related conviction to the Minnesota Department of Public (DPS) safety for inclusion on your driver’s license record. DPS will also revoke your driver’s license for a minimum of 30 days. It’s often worth fighting it in court, and hiring a defense lawyer to improve your effort.
Are all traffic violations petty misdemeanors?
Most Speeding and other traffic, driving, drivers license and motor vehicle related offenses are petties, but some are not.
Some could be either, depending how the prosecutor decides to charge them. For example, a prosecutor could charge a speeding ticket as a misdemeanor or as a petty. (Petty is more common.)
Driver’s license record
Driving and motor vehicle-related convictions are normally certified to the Minnesota Department of Public Safety for inclusion on the driver’s license record and suspension or other action against the driver’s license.
Can police arrest a person for a petty misdemeanor?
No. Police who detain a person on suspicion of a petty misdemeanor must release the person with a citation, without further arrest. Minnesota Rules of Criminal Procedure 6.01, subd. 1 (c).
Police cannot lawfully arrest a person for a petty.
We hope that this page has helped you understand the meaning of a petty misdemeanor in Minnesota. Though it is the smallest type of criminal law charge, it can still cause problems.
No one wants their insurance rates to go up for a speeding ticket on their driver’s license record. Too many petty traffic violations within 12 or 24 months can also trigger an “habitual violator” license revocation. And people working in the medical or human serves fields can face occupational licensing or employment issues, even due to certain petty misdemeanor convictions.
Question? Call Minneapolis Defense Lawyer Thomas Gallagher at 612 333-1500