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

How to Beat a MN Drug Charge (Explained)

As a Minnesota Criminal Defense Attorney, I get a lot of questions about what to do if one is charged with Drug Charges.  First and foremost, remember this: Just because you've been cited does not mean you will be found (or have to plead) guilty!  Here are somethings that can (and should) be challenged.  

1. Bad Warrant

If the officers have a warrant signed by a judge to search your car, home or person, that does not mean that they did not violate the constitution and your rights. In order to get a warrant, an officer needs to make a sworn affidavit to a judge and ask him to find that they have probable cause to search a particular location for particular evidence. These affidavits regularly have incorrect information or information from unknown individual or informants. The warrant may also be challenged if it is faulty based upon lacking of nexus to what to be search, description of where to searched, and the items to be searched for.


2. Bad Search

The 4th amendment protects individuals and grants them the right to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall be issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Unless an officer has a legal reason to make contact or expand the scope of the encounter, the search may be illegal. In order to discourage the police from engaging in illegal searches, courts have ruled that evidence obtained through an illegal search or seizure is subject to suppression.

3. Bad Lab Tests

Just because something looks like marijuana or another drug, the court will not take the prosecutor or officers at their word. Everyone that touched, processed, or tested the evidence will have to appear in court and testify. If one link in the “chain of custody” is missing the evidence cannot be admitted at trial. Even if something has tested positive, that does not mean the lab is credible. Recently, the St. Paul Crime Lab has come under heat for their poor practices. Because of this cases have been dismissed.

4. Bad Police Work

Entrapment takes place when a government agent, typically a police officer, uses threats, harassment, fraud, or even flattery to induce defendants to commit crimes. This can be a great defense if you are charged with sale to an undercover officer in a school or park zone.

5. Bad Charge

This is the ultimate defense. Innocent people are charged with crimes. This tends to happen more commonly in drug cases. For example, John Doe is driving his friend’s car. His friend forgot his prescription medicine in the glove box. If Mr. Doe is stopped and searched, charges could be filed.

The Rolloff Law Office practices criminal defense throughout Minnesota and has for almost 10 years.  I handled cases from minor consumption and DWI charges all the way to 1st degree murder.  For a FREE CONSULTATION call: (612) 234-1165.

Minnesota Drug Possession (Explained)

Possession of drugs is a serious crime, regardless of how much or how little you are caught with. However, as a Minnesota Criminal Defense Attorney, I know the ways to get out of this. 

Possession of drugs can either be considered a felony or a gross misdemeanor offense depending on the amount in your possession and the circumstances surrounding the arrest. All drug crimes are tried in a separate Minnesota court and follow a different set of rules. It is important that you seek legal advice from an experienced Minneapolis drug crime attorney as soon as you are arrested or accused of any drug possession crime.

POSSESSION OF DRUG CRIMES (Explained)

Here's a list of the possible charges the accused might face:

• Possession of narcotics with the intent to sell
• Possession of marijuana
• Possession of narcotics
• Possession of marijuana with the intent to sell
• Possession of certain chemicals with the intent to manufacturer
• Possession of drug paraphernalia

The penalty one could incur depends on a number of factors including how much drugs he/she had had in their possession, what was the intent of having this drug and what drug(s) were they actually caught with. One's criminal record may also play a role in their punishment. If someone has been convicted of any drug crime in the past, then he/she could be looking at more severe penalties this time around.  Penalties for drug crimes include fines and fees, community service, drug rehabilitation in some instances and jail/prison time.

Those under the age of 18 can also be charged with drug possession under the Minnesota law. This would be considered a juvenile crime and tried in a separate court of law. However, a juvenile can still face fines, probation, and detention time and community service for possession of drugs.

What Should You do?

Even the tiniest joint or minuscule traces of cocaine can end up on your permanent record. Furthermore, if you are found in possession of scales, a pipe or plastic baggies, you could also be arrested for possession of drug paraphernalia. The more drugs found in your possession, the worse your punishment will be, especially if there are suspicions that you were planning on selling the drugs. Possession of drugs for personal use is considered a lot less severe than possession of drugs with the intent to distribute. However, a crime is still a crime and will end up on your permanent record if convicted.

It is important to understand that just because you have been arrested for drug possession does not automatically make you a convicted criminal, or a bad person. There are a number of defense strategies to take when faced with a possession drug crime. If the drugs are not clearly in your possession (in your pocket), then there may be a case for mistaken identity. You could plead that the drugs found in your car or house were not yours. If the drugs were discovered during an illegal search and seizure that violated your right to privacy, then the evidence collected cannot be used against you.  Our firm will assess your case, gather evidence, consult with experts and determine the best defense tactics to take for your situation.

Don’t let one mistake ruin the rest of your life. The Rolloff Law Office is there when you need us most. It is important to act fast when facing an arrest and criminal conviction. I  can provide you with the aggressive representation and legal assistance you need to ensure the best outcome possible. Contact me today at (612) 234-1165.

Minnesota Drug Possession Charges (Explained)

Possession of drugs in the State of Minnesota is a serious crime, regardless of how much or how little you are caught with. However, there are ways to beat these charges.

Possession of Drug Crimes


If you are charged with possession of drugs - you can either be facing a felony or a gross misdemeanor complaint depending on the amount in your possession and the circumstances surrounding the arrest. 


All drug crimes are tried in a separate Minnesota court and follow a different set of rules. It is important that you seek legal advice from an experienced Minnesota Criminal Defense Attorney as soon as you are arrested or accused of any drug possession crime.


Examples of charges:

• Possession of narcotics with the intent to sell
• Possession of marijuana
• Possession of narcotics
• Possession of marijuana with the intent to sell
• Possession of certain chemicals with the intent to manufacturer
• Possession of drug paraphernalia

What Are the Consequences?

Your penalty will depend of a number of factors including how much drugs you had in your possession, what was the intent of having this drug and what drugs were you caught with. Your criminal record may also play a role in your punishment. If you have been convicted of any drug crime in the past, then you could be looking at more severe penalties this time around.  Penalties for drug crimes include fines and fees, community service, drug rehabilitation in some instances and jail time.

Defenses


Even the tiniest joint or minute traces of cocaine or methamphetamine can end up on your permanent record. Furthermore, if you are found in possession of scales, a pipe or plastic baggies, you could also be arrested for possession of drug paraphernalia. The more drugs found in your possession, the worse your punishment will be, especially if there are suspicions that you were planning on selling the drugs. Possession of drugs for personal use is considered a lot less severe than possession of drugs with the intent to distribute. However, a crime is still a crime and will end up on your permanent record if convicted.

It is important to understand that just because you have been arrested for drug possession does not automatically make you a convicted criminal, or a bad person. There are a number of defense strategies to take when faced with a possession drug crime. If the drugs are not clearly in your possession (in your pocket), then there may be a case for mistaken identity. You could plead that the drugs found in your car or house were not yours. If the drugs were discovered during an illegal search and seizure that violated your right to privacy, then the evidence collected cannot be used against you.  The Rolloff Law Office will assess your case, gather evidence, consult with experts and determine the best defense tactics to take for your situation.

What You Should Do Next

Don’t let one mistake ruin the rest of your life. The Rolloff Law Office is there when you need us most. It is important to act fast when facing an arrest and criminal conviction. Let me put my experience as a former prosecutor to work for you to provide an aggressive representation and the legal assistance you need to ensure the best outcome possible for your case. Call today to set up a FREE consultation: (612) 234-1165.