Defending Yourself Against Drug Possession Charges in Minnesota

Defending Yourself Against Drug Possession Charges in Minnesota

Getting charged with drug possession can be scary. But don’t panic! This article will walk you through how drug charges work in Minnesota, and what defenses you can use to fight the charges. I’ll explain it all in simple terms, using lots of examples and real-life stories. My goal is to empower you with knowledge so you can make the best choices if you end up dealing with a drug charge.

How Drug Charges Work in Minnesota

There are five levels of drug crimes in Minnesota, ranging from 1st degree (most serious) to 5th degree (least serious). Almost all are felonies, except some 5th degree crimes which can be gross misdemeanors. Here’s a quick overview:

• 1st degree – Highest quantities of drugs, like 25+ grams of heroin or 500+ grams of meth. Also includes aggravating factors like selling to minors.
• 2nd degree – Slightly lower quantities than 1st degree. For example, 6+ grams of heroin or 50+ grams of meth.
• 3rd degree – Even lower quantities, such as 3+ grams of heroin or 10+ grams of meth.
• 4th degree – Lowest quantities for felony charges. For example, less than .25 grams of heroin or 2.5+ grams of meth.
• 5th degree – Smallest amounts of drugs. Can be a felony or gross misdemeanor depending on the situation.

The specific laws that define each degree of drug crime are Minnesota Statutes 152.021, 152.022, 152.023, 152.024, and 152.025. I linked them in case you want all the nitty gritty legal details!

Penalties get more severe as the degree increases. For example, a 1st degree drug conviction can result in up to 30 years in prison and a $1 million fine. Yikes! On the other hand, 5th degree convictions rarely lead to prison time.

Common Defenses Against Drug Charges

Now let’s talk about how to fight these charges! Here are some of the most effective defenses used by lawyers in Minnesota drug cases:

Illegal Search and Seizure

If the police find drugs through an illegal search, that evidence can get thrown out. For example, if cops search your car without permission or a warrant, anything they find may not be allowed in court. This can cause the whole case to collapse!

Challenging the legality of a search is complicated, but a good lawyer can help. Be sure to write down exactly what happened during any police encounter so your lawyer can evaluate whether your rights were violated.

Lack of Knowledge

You can’t be convicted of possessing drugs if you didn’t know they were there. For example, if your shady roommate hides drugs in your room without telling you, you likely aren’t guilty of possession. This defense argues the drugs were not actually in your custody or control.

However, lack of knowledge is hard to prove. The prosecution will argue you must have known. So this defense only works if you have strong evidence showing the drugs were concealed from you or placed there by someone else.

Addiction Treatment

If you’re struggling with addiction, entering treatment can help get charges reduced or dismissed. Prosecutors may agree to drop a drug case if you complete an addiction recovery program and stay clean. Treatment shows you’re committed to sobriety and addressing the root cause of your drug use.

To pursue this option, your lawyer can negotiate with the prosecutor and connect you with treatment resources. But you’ll likely need to demonstrate progress in your recovery first before the state agrees to drop charges.

Entrapment

This defense claims you only committed the crime because police manipulated or coerced you into it. For example, if an undercover cop pressured you multiple times to get drugs for them even though you didn’t want to. Or if police informants continued to sell you drugs even after you tried to quit using.

Winning an entrapment defense is challenging and requires concrete evidence of police overreach. But it can be successful in the right circumstances.

What Happens After a Drug Charge?

If you do end up facing drug charges, here’s a quick overview of what to expect:

• Arrest: Police may arrest you on the spot if they find drugs on you or in your home/car. You’ll be booked, fingerprinted, and held until bail is set.
• Charging: The prosecutor will file formal charges against you, specifying what crimes you allegedly committed. This begins the court process.
• First appearance: You’ll go before a judge who informs you of the charges against you and sets conditions of bail.
• Preliminary hearing: For felonies, the judge determines if there’s enough evidence for the case to proceed to trial.
• Plea bargaining: Your lawyer may negotiate with the prosecutor to get charges reduced or dismissed in exchange for a guilty plea.
• Trial: If no plea deal, the case goes to trial where a jury decides if you are guilty beyond a reasonable doubt.
• Sentencing: If found guilty, the judge gives you a sentence based on state guidelines and the details of your case.

The process is scary, but an experienced criminal defense lawyer can guide you through it! Having a good attorney in your corner makes a huge difference.

Finding the Right Lawyer

Not all lawyers are equal when it comes to drug charges. Here are some tips for finding the best attorney:

• Look for a criminal defense specialist – you want someone who focuses specifically on drug cases.
• Find a lawyer with a proven record of getting drug charges dismissed pre-trial.
• Choose someone who is familiar with local prosecutors and judges – this helps immensely during plea bargaining.
• Make sure they have experience using forensic lab experts to challenge drug evidence.
• Hire someone you feel comfortable with – you’ll be sharing sensitive info about drug use.
• Avoid lawyers who pressure you to plead guilty right away without exploring defenses.