Drugs can play a very dangerous and destructive role in the lives of people of any age. If caught with even a small amount of drugs in your possession, you can face serious criminal drug charges, regardless if you are a juvenile or an adult. Criminal drug charges can result in stiff penalties, including jail time, probation, and fines.
There are various drug crimes, including the following:
- Drug trafficking
- Drug sale or distribution
- Drug conspiracy
- Drug manufacturing
- Simple possession
- Possession with intent to sell
The laws in Minnesota prohibiting possession or sale of any controlled substance are broad and highly detailed. In Minnesota, the drug crimes are detailed in Chapter 152 and are named ”Controlled Substances”. A few years ago, the drug laws in Minnesota were modified to include an additional sentencing framework for drug-related crimes rather than using the guidelines for felony sentencing.
The latest benefits are more complex than reducing the severity of a drug-related offense. Different layers of the law can tilt the scale in your favor. Due to the complexities of the law and the recent changes, it will be wise to consult with a Minnesota criminal defense attorney, regardless if you have been charged with a drug crime in state court or federal court.
What Are The Categories of Drug Offenses?
As mentioned previously, major drug crimes will generally involve the possession or the sale of drugs, including possessing drugs with the intent to sell. Under the controlled substances laws in the state, the penalties for drug crimes will depend on what category the offense falls under. A drug crime can fall under the first degree, second, third, fourth, or fifth degree.
Fifth-degree offenses are the least severe. Most fifth-degree convictions will be presumptive probationary offenses. On the other hand, anyone who receives a first-degree conviction can face up to 40 years in prison. The consequences of second-degree convictions will vary due to the variety of factors that can impact the case, including your past criminal behavior.
Certain substances will have different criminal laws than others. Methamphetamine-related crimes will not be charged and prosecuted in the same manner as marijuana crimes. The penalties you can face will depend upon the substance at issue, how the substance was used, and the amount of the substance Every potential penalty will be significant.
Felony Drug Charges in Minnesota
A felony drug charge in Minnesota can include possession of methamphetamine, cocaine, heroin, prescription drugs, and other narcotics. A simple possession of less than one ounce of marijuana will be considered an infraction. However, the possession of over one pound of marijuana or any amount of THC concentrate will be considered a felony.
Generally, when someone is found with an illegal drug in their possession, he or she will be arrested and charged with a felony. However, this does not mean that everyone who is caught with narcotics in his/her possession will be criminally convicted of a felony drug charge. Person A’s case will not be the same as Person B’s case because each case will be different. As a result of the difference in cases, the penalty and outcomes will differ based on the factors involved.
What Will Happen If I Am Convicted?
In Minnesota, a unique approach is taken to the different types of cases that are brought to the court systems. There are treatment courts in Minnesota that provide additional resources and assistance for those who are facing the court system. Treatment courts will rely on evidence-based practices and experienced staff to provide assistance to those who need rehabilitation.
If you are convicted of a drug crime, your case can be handled by the drug court. Drug court is a court that is known for handling cases that involve non-violent drug-using offenders. The mission of these courts is to encourage and promote the recovery of participants who have a history of drug use. Judges that preside over drug courts will work with drug crimes defense lawyers to provide guidance for the defendant.
One of the objectives of drug court is to provide those who are addicted to drugs with the help they need to deal with any issues that could be behind them landing in the court system. Juvenile drug court is another treatment court that works with juveniles who have issues related to drugs. The juvenile drug court faces a similar model to the adult drug court.
A Defense for Drug Crimes Charges
At Villaume & Scheik, we will not judge you based on the circumstances that landed you in our office. We know that people possess and sell drugs for various reasons, whether it is due to addiction, financial reasons, or recreation. We also know that one drug conviction can alter your life forever, so that is why we are on a mission to devote our skills, expertise, time, and energy to understanding your case and who you are as a person.
Our team has experienced in defending the various controlled substance offenses in Minnesota. We remain current on the latest legal defenses for drug-related crimes. If you have been charged with drug possession or sale in Minnesota, we encourage you to speak with an experienced drug crimes defense lawyer immediately.
There is so much that can be done to minimize the impact of a drug charge on your life. Even when you feel as if the odds have been stacked against you, we are able to help you preserve your future. Regardless of what type of drug charge you are facing, contact us today so we can begin crafting a defense strategy for your case.
We will use a comprehensive approach to any drug charge and dive into the details of your case before offering advice on what steps you should take. Your life does not have to be ruined by a drug charge. You can contact Villaume & Schiek, P.A. today at 952-641-7734 or complete our online form to request a free consultation.
Are you ready to protect your rights and get your life back?
Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.