My question involves criminal law for the state of: Minnesota
in November 2002 a co-worker of mine and his accomplice were arrested in St. Paul (ramsey county) for theft by swindle. They purchased gift cards in coon rapids (anoka county), and minneapolis (hennipen county) and used those gift cards to buy stuff. They got caught and arrested in the store and a search incident to arrest of their car yielded a bunch of gift card reciepts from the other stores in other counties.
First the attorney my coworker hired advised him to plead guilty because it would cost too much than he had to fight the charges. So he plead guilty first to ramsey county for felony theft by swindle. Than anoka came and charged him with felony transaction card fraud, he plead guilty. Than hennipen county came and charged him with felony theft by swinle he plead guilty.
Everything came out from a 3 day scheme of buying gift cards with a stolen credit card and using those gift cards to buy stuff. Question, if after having pleading guilty to the first offense in ramsey, shouldn't have the 5th amendment applied and barred prosecution in the other counties for reasons of double jeopardy?
As far as the hennipen county is concerned my co worker was advised by his lawyer to self incriminate infront of police and turn himself in 9 months after the fact. The complaint showed that evidence to link him to the hennipen county crime came from his own testimony. His accomplice wasn't charged because his lawyer told him to keep his mouth shut.
would it be possible to move the court to acquit him of 2nd and 3rd convictions, and further grant him a remedy to vacate 1st conviction? This was his first crime ever, and according to other credit card fraud cases, most people get diversion on their first offence, but he didn't because the prosecutor had prejudiced himself and the judge into believing my coworker was a repeat offender even though he hadn't plead guilty to anything at that point. Please help.
Eddie

