St. Paul Drug Crime Attorney

Experienced Criminal Defense Attorney Representing Those Accused of Drug Crimes in Minnesota

The consequences of a drug crime charge in Minnesota can change your life instantly. What seemed like a bright and promising future can suddenly feel like it hangs in the balance of a troubling criminal inquiry, and the consequences can affect not only yourself but your loved ones as well. If you have been charged with a drug possession or trafficking charge, now is the time to get to the heart of the matter.

The state of Minnesota is serious about its drug crime laws. If you’ve been arrested and charged with a drug crime, whether it be heroin, cocaine, or other drugs, it can have a devastating and long-lasting impact on your life and your criminal record. That’s why it’s important to know your rights and find a prepared and passionate drug crimes attorney so you can fight for your future and get your best outcome. Adams Law Firm, PLLC, understands that for our clients, drug charges are more than just court cases; they have potentially devastating effects on your life.

How Severe is My Drug Charge?

While there are many types and facets of drug crime, they can generally fall into one of three overall offenses.

The first is possession, which is generally what it sounds like: having some level of ownership or control over the drug. This can even happen without the drug being present on them physically if it can be proven that the person facing the drug charges knew about them and could control them.

The second is trafficking, which is more serious and more active. This drug crime revolves primarily around the selling, transport, or distribution of drugs. In this case, there would likely be more drugs present than for possession and some evidence of numerous transactions or customers.

The third level of these drug crimes is manufacturing. This is a more complicated and less frequent charge because it focuses on the production of the drug as opposed to just the use or distribution. This often requires evidence such as chemicals or processing equipment used in drug production.

What Are the Penalties for Drug Offenses?

Minnesota drug laws divide all drug charges into five main categories. The fifth degree is the least severe, working its way up to the most severe at the first. Each degree has its own limits and penalties, with some initial details provided below.

Fifth-Degree Charges

Both sale and possession charges exist on all five degrees. In the case of fifth-degree charges, the penalties can range from no prison time all the way up to five years, as well as up to $10,000 in fines.

Fourth-Degree Charges

Like the fifth-degree, fourth-degree charges can be sale or possession. In this case, the types of drugs that cause a fourth-degree possession charge are more extreme drugs such as PCP or a hallucinogen or some kind. In these cases, the prison time can triple up to 15 years, while the fines can reach almost ten times as much at $100,000.

Third-Degree Charges

Third-degree charges sometimes involve larger amounts or more serious drugs. However, they can also come about as a result of the location of the drug sale, as in the case of a school or park, or in a drug treatment facility. These charges add an additional five potential years in prison in addition to possibly up to $250,000 in fines.

Second-Degree Charges

This charge is literally a matter of degrees at this point, with the possession and sale amounts of the drugs being higher than previous degrees. The penalties for this type of charge tend to be in the area of twenty-five years in prison with the potential fines doubling to $500,000. It should also be noted here that other things can be taken into consideration, such as aggravating factors like previous convictions, that can make sentences even longer.

First-Degree Charges

In addition to higher amounts of drugs sold or possessed, there is another type of drug charge that registers as first-degree. The manufacture of methamphetamines is also a first-degree charge. The penalties here jump up to potentially thirty years of prison time and fines at an unbelievable $1,000,000. Similar to second-degree charges, these first-degree charges can also be affected by previous convictions and other aggravating factors.

What is the Best Defense Against a Potential Drug Conviction?

Now that you know the potential penalties for controlled substances, it’s time to think about how you and your criminal defense attorney should strategize for your legal defense. While many details and specifics about your case can and should be discussed with your attorney, there generally tend to be four potential strategies used in drug crime cases.

Fourth Amendment Violation

A prevalent approach to drug charges is to invoke the Fourth Amendment and its protection of citizens from unlawful searches and seizures by police. You can speak with your attorney about the circumstances of your drug charges, and there may be some details regarding the alleged drug sale or drug paraphernalia that police overlooked or ignored when they arrested you. Suppose a police officer were found to be violating your Fourth Amendment rights. In that case, your lawyer may be able to convince the court to suppress the evidence in the form of drugs or drug paraphernalia that they found. Without that drug evidence, the arrest may not be strong enough to secure a drug conviction.

Mental State

Another common drug crimes defense against Minnesota drug laws is to argue mental state, specifically that awareness can make for different degrees of culpability. For instance, if you were found to possess drug paraphernalia or a drug itself, but you did not know about its presence in the area that was under your control, the charge of possession could be thrown into question in court. Similarly, a drug trafficking arrest may not hold up if the person delivering the drugs believed them to be legal prescription medication.

Entrapment

While this is a slightly more complicated defense that involves details best discussed in the privacy and protection of an in-person conversation with your attorney, it is possible to mount a defense related to entrapment. This involves the claim that the drug charges or drug crimes of which someone is accused only happened because of inducement by police and, under other circumstances, would not have taken place.

Reasonable Doubt About Drug Quantity

This strategy is less about a defense intended to win a case and more about affecting the level of the charge. For example, a certain amount of a controlled substance can have a federally imposed minimum penalty. If you were found to be above that, you will receive the minimum. However, if reasonable doubt can be cast that the amount was lower, then the mandatory minimum sentence can potentially be avoided.

How Can a Criminal Defense Lawyer Help With My Drug Charges?

Any drug-related offense in Minnesota has the potential to make a profound negative impact on your criminal record. Anything you can do to avoid severe consequences and achieve a more favorable outcome should be seriously considered. Remember, even a fifth-degree charge, the lowest possible category, can get you up to five years of jail time. That’s a tough place to start, and there is the potential for it to be much more expensive, with many more years lost to the system.

Your fight to avoid time in a correctional facility should be headed by someone with combined experience in the entire process of a drug crime case and from every aspect, from drug possession to selling drugs, to mount the best possible criminal defense. Drug crimes in Minnesota are serious, and you need an attorney to match.

We’re proud to offer that serious, time-tested experience and knowledge to everyone who contacts us about their cases. Call Adams Law Firm, PLLC, today to determine your legal options, ensure you’re getting due process, and avoid unreasonable jail time and other penalties. These charges can alter your life and future for years to come, not to mention the negative impact it can have on loved ones and future career prospects. Ensure that your criminal defense is stronger than the criminal charges you face. Give us a call at 651-240-9282 right away.