Minnesota Fifth Degree Possession of Drugs (Explained)

As an experienced Minnesota Criminal Defense Attorney, I often get questions about controlled substance cases.  The most common are about 5th Degree Possession of drugs an the penalties one might expect. 

Fifth degree possession of drugs is the least severe felony drug possession crime in Minnesota. It carries a maximum penalty of up to five years in prison or a $10,000 fine. The court can convict you of this offense - not only by possessing controlled substances, but also by obtaining or attempting to obtain them using fraud or deceptive means, such as claiming to be a medical provider or using forged prescription documents.

How to Defend Yourself

The defenses for this charge vary from case to case --- common ways include:

Illegal Search: the first area to look at is whether the police obtained the drugs lawfully. In many cases, a Fourth Amendment or Fifth Amendment challenge could be brought arguing that the police violated the defendant’s constitutional rights and that the drug evidence should be suppressed.

Legal Possession: another area to look at is whether the defendant could legally possess the substance. It is not uncommon for a police officer to charge someone with a drug crime if they do not have evidence of a prescription available. However, if a prescription can be produced, it will likely result in a dismissal of the case.

Entrapment: In cases involving a controlled buy, there may be an argument that the police conduct induced you to purchase the controlled substances. However, the elements can be difficult to show and are heavily fact-specific. A criminal defense lawyer can advise whether this defense may apply.

Stay of Adjudication and Diversion

A program available for most first-time defendants charged with fifth-degree possession is to enter a treatment program and either have the matter diverted or receive a stay of adjudication. Diversion or a stay of adjudication can prevent a conviction from appearing on your criminal record if you comply with all requirements. This allows for an opportunity to avoid the many negative collateral consequences of having a felony drug conviction.  You can also ask - at a later date - to have your charges/case sealed/expunged.

If you are facing a drug charge in the State of Minnesota, I suggest that you strongly consider contacting an attorney. Call the Rolloff Law Office today to set up a FREE CONSULTATION: (612) 234-1165

Dakota County Shoplifting Lawyer

Shoplifting is often regarded --- by law enforcement and business --- as a petty crime few consequences.  Often ... it's viewed as something that teenagers do - and grow out of.  Generally, most people see this offense as something that can/should be able to be "fixed" by by returning the stolen merchandise to a store and apologizing or just paying for it ... and maybe being ordered, by the authorities, to pay a fine.  

As an experienced Minnesota Criminal Defense Attorney - and as a former prosecutor - I can (sadly and) confidently assert that this is often not the case.
  

Shoplifting is Bad (For You)

Under the laws of the State of Minnesota law, shoplifting is considered a Theft --- and this crime is treated seriously - by the government and the judge.  And, not only might someone face jail time ... the more serous impact is felt when they go looking for a job, housing and/or a loan from a bank and this indiscretion shows up on a back-ground check.  

Regardless of why you have been charged with shoplifting, conviction can result in numerous criminal penalties, along with the risk of being sued by the merchant in civil court. In addition to getting a lawyer - ASAP - it’s important to understand shoplifting laws and penalties.
 
Theft (Explained)

When most of us think about Shoplifting, I sure we conjur up ideas of someone leaving a store without paying for something. While that certainly counts ... there are a number of different actions that someone could potentially engage in that qualify as retail theft. These include:

• Taking store property without consent;
• Hiding store property without consent;
• Lying to obtain goods; and/or
• Switching price tags to pay less for a product.

Minnesota Shoplifting (Penalties)

Shoplifting charges typically depend on the value of the property taken.  Low value items - under $500, such as a pack of gum, costume jewelry, or a small electronic like a flash drive are generally considered misdemeanors --- where the maximum sentence can be a $1000 fine and 90 days in jail.   More valuable items --- could result in serious charges and penalties can follow. 

Here are a few of the potential penalties you may face:

• Values between $500 and $1,000: Up to $10,000 in fines and/or five years in prison;
• Value between $5,000 and $35,000: Up to $20,000 in fines and/or up to 10 years in prison; and
• Value over $35,000: Up to $100,000 in fines and/or up to 20 years in prison.

 

Fighting a Shoplifting Charge

A Shoplifting conviction can result in some long-term consequences, including a criminal record that will follow you for the rest of your life. Because of this, you might find it necessary to get answers from a lawyer.  The Rolloff Law Office has represented 100s of individuals who have made a small mistake like this --- to ensure that your rights are protected, it’s important to have a Minnesota Criminal Defense Lawyer --- with a successful track record --- looking out for your best interests. Contact the Rolloff Law Office - today - and set-up a FREE CONSULTATION: (612) 234-1165

Minnesota Expungements (Explained)

Minnesota law does allow for certain criminal records to be sealed. The process for doing that is called Expungement. When a record is sealed - it does not show up in a criminal records search performed at the courthouse.

What's a Criminal Record?

In Minnesota a criminal record is essentially all of the files and records (of any crime) that the state has filed against you. Each jurisdiction - be it a city, a county, a law enforcement agency, a prosecutor's office and/or a courthouse keeps its copy of said records. Additionally, the Minnesota Bureau of Criminal Apprehension also has its own cache of criminal convictions. 

Who Can Access Criminal Records?

Generally speaking, the information from your criminal record is public information - meaning that anyone can have access to it, including potential employers. As such, any person can search the district court criminal records at any county courthouse. Another place that the public, including employers, can access criminal records is at the Minnesota Bureau of Criminal Apprehension - where law enforcement agencies throughout the state have reported to them information that then becomes part of a statewide computerized record of criminal cases.

What Kinds of Criminal Records Can Be Expunged?

Some offenses, such as murder, certain sex offenses and Drunk Driving convictions cannot be expunged. However, most other offenses may be - if you or your experienced Minnesota Criminal Defense Attorney can convince the judge that the benefits of an Expungement to you outweigh the disadvantages to the public.

What Happens With Offenses That Did Not Lead To Convictions?

Granted, the most difficult types of records to Expunge are convictions; however, the task is not impossible.  That being said, even if a charge is dismissed and/or an offender has been found "not guilty," he still may have have a criminal record. That being said, these can often be the easiest types of records to Expunge. In addition, offenses to which someone a guilty plea and then successfully completed a diversion program -one's chances at Expungement are more likely.

If I File an Expungement - Will I Automatically Prevail?

As with anything in the law, an Expungement is never guaranteed. First, you need to properly file the paperwork, serving it upon all of the relevant parties, and then you have to argue convincingly to a judge how his granting you this remedy is of such a benefit to you that it outweighs the disadvantage to the public from not being able to have access to your record.  I often will argue that Expungement is proper because someone has either: (a.) been denied work, housing, or a professional license because of his/her record; (b.) that sealing the criminal record will not negatively impact public safety; and/or (iii.) that the individual has rehabilitated him/herself.

If Expungment is Granted - What Happens Next?

Generally speaking, the court has a limited amount of time to grant your request. If the judge does do this, your record will be sealed the public. If the Expunged crime was the only crime on your record, you will not have anything that the public can see. The one limitation is that, as the law stands today, the court can only seal those records under its immediate control; therefore, other records, such as those held by another agency may not be so guarded.

What Should You Do?

For a long time now, Minnesota law has recognized that people who have made a few, isolated mistakes or those who have been mistakenly arrested should have the opportunity to clean their records. If you feel as though what you've read here applies to you, contact an experienced Minnesota Expungement Attorney to discuss your questions and concerns and to get the ball rolling working to ensure that your past doesn't continue to hinder your future.