Most jurisdictions tend to have stringent legislation when it comes to drug-related offenses. Minnesota envisions such an approach in relation to drug trafficking. This means that if you have a drug-related charge, then you may end up being subjected to severe penalties not limited to fines and or even jail time- major setbacks to any prospects you have in your future.
However, a drug trafficking attorney can help you navigate through the often complicated legal process and, at the same time, secure minimum penalties for your drug trafficking offenses.
Here is a brief elucidation to further your understanding of the importance of a drug trafficking attorney.
Understanding Minnesota’s Drug Trafficking Laws
Drug trafficking is an illegal trade that involves the manufacture, distribution, and sale of large amounts of controlled substances across the state and international borders. As such, any person found to be conducting this illegal trade can be prosecuted federally. This depicts the gravity of the offense.
That said, a first-degree drug trafficking charge in Minnesota arises when:
- If you are caught selling of 17 grams of cocaine or methamphetamine
- If caught selling 10 grams of heroin
- If caught selling 200 doses of a hallucinogen
- If caught manufacturing any amount of methamphetamine
- If you are in possession of 50 kilograms of Marijuana
- If you are in possession of 500 doses of any hallucinogens
What’s the Difference between Drug Trafficking and Drug possession?
Drug trafficking and drug possession are two terms that are often confusing. However, the difference lies in the intention to sell and the amount of drugs that were found. In other words, you are highly likely to face a charge for drug trafficking if you are found to be in possession of a huge amount of cash and drugs at the time of your arrest.
Drug possession, on the other hand, simply involves possessing drugs at the time of your arrest.
Federal Schedules of Drugs
The federal government classifies controlled substances into different schedules- five schedules. Their classification is based on their risk of abuse and their dependency.
For example, schedule one drugs tend to have a higher risk of abuse and dependency. They include Marijuana, heroin, and LSD. As such, the statute criminalizing drug trafficking provides for severe penalties when charged with manufacturing, distribution, or possession of Schedule I drugs.
On the other hand, Schedule V drugs are those drugs that have a lower risk of abuse and dependency. They include sleep aids and medications containing codeine. That said, if you are found to be trafficking schedule V drugs, you can still be liable to severe criminal penalties.
What Factors Influence the Severity of Drug Trafficking Penalties?
If you are found guilty of drug trafficking, the court can sentence you to a minimum of five years in prison and maximum life imprisonment. However, your conviction will depend on several factors such as:
- The classification of the drug you were found with
- Aggravating factors such as bodily injury or death
- Whether a gun was present
- The amount of drugs uncovered
- Your previous record related to drug crimes
What can an Attorney Do?
If you are charged with drug trafficking in Minnesota, then it is imperative to have a drug-trafficking attorney by your side. The purpose of the attorney is to identify weaknesses and challenge the evidence tabled by the prosecution.
For example, if you have been charged with drug trafficking instead of drug possession, your attorney can impeach the credibility of the evidence tabled by the prosecution. This is done by proving that you lacked the intention to sell or distribute the drugs. Remember, this is a criminal trial; therefore, the prosecution has the burden of proving beyond reasonable doubt.
Contact St. Paul Criminal Defense Lawyer Kevin DeVore Today
You risk being subjected to severe penalties if found guilty of drug trafficking. Therefore, it is imperative to take critical steps to avoid the maximum sentence or even a conviction.
Contact us today and let us help you reduce your charges or avoid conviction.
Posted 28th June 2021 by DeVore Law Office