Being charged with drug possession and other drug crimes in Minnesota is serious, but getting the right attorney can help minimize the consequences. These charges can can have long-lasting consequences. They can result in prison, loss of rights, and trigger mandatory minimum sentences. An experienced attorney can often times can keep these convictions off your record. These are very serious charges and it is critical that you contact a qualified attorney as soon as possible to have the best chance of maintaining your freedom and protecting your rights.
Fighting a Drug Case
The choice of drug statute, search warrants, vehicle stops, constructive possession, and other legal aspects of these cases need a careful examination by an experienced attorney. Was there a legal reason for the vehicle stop? Did the officer expand the scope of the stop in a lawful manner? Was there probable cause for the search warrant? Did the officers exceed the warrant’s scope? Is there a legal defense for possession? These are all things that an experienced criminal defense lawyer will look at in your case. If the officers exceeded their authority or conducted an unconstitutional search, then it needs to be suppressed and the case thrown out. Even if the case is close, that can sometimes be used to get you a more favorable deal. Discussing your case with someone who knows the law, the judges, and the prosecutors can mean the difference between conviction or dismissal. Call us today for a consultation.
Treatment and Drug Charges
If you have a drug or alcohol problem that contributed to being arrested or charges, dealing with that issue early could put you in the best place to avoid jail or prison. Even if cases call for prison time, a judge can depart from the sentencing guidelines in cases where someone is dealing with their addiction issues and is a good candidate for probation. Failing to address these issues early could result in reduced chances of a good outcome. Having an experienced attorney who knows how to properly prepare a client to put them in the best possible position to stay of out jail or prison can mean all the difference.
Most drug offenses are found in Minnesota Statute Chapter 152. Drug possession is treated differently than drug sales and sales are treated more harshly. A drug “sale” can be selling, giving away or also possession with intent to sell. The State is able to use a number of factors to show that possession is actually intent to sell.
Controlled Substance Crime in the 1st Degree
1st Degree Drugs is the most serious drug felony in Minnesota. Usually associated with either possession or sale of larger quantities of controlled substances. Prosecutors can combine several smaller drug sales into a First Degree Controlled Substance Crime charge if they occur within a 90 day time frame. These charges are usually associated with heroin, cocaine, fentanyl, and methamphetamine (but other drugs too if in high enough quantities). The Minnesota Sentencing Guidelines require prison for all First Degree Drug cases unless special exceptions are met. Having an experienced attorney can help you not only fight the charges, but also get you set up on a path of treatment and recovery, so prison could be avoided.
Controlled Substance Crime in the 2nd Degree
2nd Degree Drugs is possession or sale of less than a First Degree. It also includes several other drugs, as well as sale to minors, or in school or park zones. Depending on a prior record, a Controlled Substance Crime in the Second Degree may result in prison. A second or subsequent drug conviction of 2nd Degree Controlled Substance could also trigger mandatory minimum sentencing. Possession of large amounts of THC, Marijuana, or hemp products can also result in charges.
Controlled Substance Crime in the 3rd Degree
3rd Degree Drugs is a catchall for Minnesota Drug Crime. It is the selling of any narcotic drug, and possession of smaller amounts of fentanyl, heroin, or other drugs (amongst other things). This felony usually does not require prison, but has vast consequences including conviction and loss of your rights. Talking with an attorney about the case, and proper planning can make all the difference when it comes to the outcome of these cases. Possession of drugs under this section can sometimes be kept off your record.
Controlled Substance Crime in the 4th Degree
4th Degree Drug charges are most commonly the sale or possession of prescription medication without a prescription (Schedule I, II, or III drugs). Possession of drugs under this section can sometimes be kept off your record
Controlled Substance in the 5th Degree
5th Degree Drug charges are most commonly possession of a small amount of a controlled substance. Often a felony, but largely a gross misdemeanor, as a first time offense it is likely we can keep this off your record.