Minnesota Drug Crimes Defense Lawyer
Getting arrested is always serious. Once arrested on a Minnesota drug charge including possession, intent to distribute, manufacturing, or trafficking you also may be facing federal charges. What many people are unaware of is a conviction on the least serious of drug crimes, fifth-degree possession, could mean you are facing a minimum prison sentence of five years as well as a fine of up to $10,000.
What is Fifth Degree Possession in Minnesota?
Should you be found with Schedule I, II, III, or IV drugs in your possession, you will face a fifth-degree possession charge. The exception to this would be if you were in possession of less than one and a half ounces of marijuana in which case you may not be facing a charge. The penalties previously mentioned apply only in cases of a first-time offender, subsequent convictions could mean more serious charges.
Possession or Sale and Possession
One of the problems with drug charges is prosecutors often file charges at the highest level to secure a conviction on a lesser charge. In many cases, you could be in possession of a drug and in addition to a possession charge, you could be charged with intent to sell.
These charges are more serious and could mean you are facing a fourth-degree controlled substance charge. These charges carry substantial jail time ranging between 15 and 30 years for a first offense. You could be facing these charges if the prosecutor can prove:
- You sold any amount of marijuana or tetrahydrocannabinols in areas where they are prohibited including public housing areas, drug treatment facility areas, public or private parks, or school zones.
- If you are charged with possession of one or more drugs which the prosecutor can prove contain a hallucinogen or phencyclidine
- If the prosecutor can prove you were in possession of Schedule I, II or II drugs unless it is marijuana or tetrahydrocannabinols and you had the intention of selling it. This charge is often based on the amount of drugs you have on your person or based on how the drug is packaged when seized by law enforcement officers.
Minnesota Drug Manufacturing Suspicion and Charges
Under current law in Minnesota, medical marijuana is legal and has been since 2014. However, patients must obtain their marijuana from a dispensary approved by the state. Patients pay an annual fee for participation in the program, and must be being treated for one of the diseases approved for participation.
Recreational marijuana is still prohibited by law, which means it is illegal to grow your own marijuana plants at home. Law enforcement officers must have your permission or have a warrant to enter your home if they suspect you are in possession of any drug manufacturing paraphernalia.
Manufacturing paraphernalia may include cannabis seeds used to grow marijuana plants or chemicals capable of being blended into specific drugs. Other equipment such as high-powered lamps, scales, small plastic baggies for distributing drugs and other similar items.
In nearly all cases, anyone who is facing this charge is facing a felony and the penalties are very serious. In addition to mandatory prison sentences anyone convicted could be forced to forfeit their car, home, and other property and be expected to pay steep fines. In nearly all cases of a conviction, the defendant will also surrender their right to drive, as well as forfeit the right to vote until such time as you are released from prison and have completed any parole or probationary period.
While no drug charges should ever be taken lightly, if you are facing a felony charge for drug manufacturing, you should seek the immediate assistance of a drug defense attorney. In extreme cases, you could be facing state as well as federal charges. In large part this will depend on the type of drug you are accused of manufacturing.
Drug Trafficking Charges in Minnesota
In Minnesota, anyone found in possession of significant amounts of a controlled substance could be facing drug trafficking felony charges. Should law enforcement believe they have sufficient evidence to show you were manufacturing methamphetamine, regardless of the amount, you could also face a trafficking charge.
Having possession of, or selling less than one ounce of cocaine, heroin or methamphetamine could also result in a felony charge of trafficking. These charges are serious and in extreme cases may be referred to the Department of Justice for federal prosecution, particularly if you have had a prior conviction of a drug charge. Anyone who is facing this type of charge should immediately contact an attorney who has experience fighting back against state and federal charges.
Time is of the Essence in Drug Charges
Anyone who is arrested and facing a drug charge should immediately notify the arresting officer they wish to speak with an attorney. Regardless of the evidence the officer may have, you should avoid answering any questions, including providing information that you believe proves you are not guilty of the charge, for example stating any paraphernalia or drugs were not yours.
Keep in mind, you have a right to avoid self-incrimination. Law enforcement officers are trained to ask specific questions of a person they arrest with the expectation of being able to use the information they obtain later in court. The less information you provide, the more likely your attorney will have a basis to defend you in court.
Regardless of the type of drug charges you are facing, you should discuss your case with an experienced attorney. This means telling them everything about the location, circumstances, and details of your arrest. Since we have experience handling a variety of drug cases, we know what questions to ask you to determine the best way to fight back against the charges you are facing.
Contact Kevin DeVore Today To Speak To An Attorney
Even if you have a small amount of marijuana on your person at the time of an arrest on another charge, you should contact Devore Criminal Defense immediately. Even if a law enforcement officer does not include a drug charge as part of your arrest, this does not mean the prosecutor will not add them on later. We have helped defendants in the St. Paul area fight all types of criminal charges and we are here to help you during this stressful time.
Posted 2nd December 2018 by DeVore Criminal Defense