Minneapolis Criminal Defense Lawyer Barry Hogen
There are many different drug crime charges that you could be convicted of when it comes to drug crimes, especially in Minnesota. Each of these charges come with their own consequences, making it even more important to know what you are being charged with.
Minnesota Statute 152.025 Controlled Substance Crime in the Fifth Degree describes sale crimes in subdivision 1 as:
A person is guilty of a controlled substance crime in the fifth degree and upon conviction may be sentenced as provided in subdivision 4 if:
(1) the person unlawfully sells one or more mixtures containing marijuana or tetrahydrocannabinols, except a small amount of marijuana for no remuneration; or
(2) the person unlawfully sells one or more mixtures containing a controlled substance classified in Schedule IV.
What is a fifth-degree drug sales charge?
All drug sales convictions in Minnesota are considered felonies. If you are caught doing the following, it is important to seek legal assistance.
- Selling marijuana or THC. This doesn’t include giving away amounts that equal less than forty-two and a half grams of marijuana.
- Selling any Schedule IV drugs. These drugs are prescription narcotic stimulants, as well as depressant drugs.
What are the consequences?
Since all convictions of drug sales are considered felonies, you could be looking at spending the next five years in jail. Your fines could reach up to ten thousand dollars.
If you are caught selling controlled substances, you are also likely to have to forfeit cash, your vehicles, and other personal items that have a significant value.
However, once you are finished serving your time and paying your fines, your consequences aren’t over. Your family and friends may be embarrassed around you. They may not stick with you through your trial.
That isn’t all. You are going to have to tell everyone who asks that you are a convicted criminal. Potential employers are going to ask, as will potential landlords. You may struggle to find a job and a place to live. You may not be able to get a loan to buy a home or anything else that you need because of your conviction.
You will also lose some privileges that most Americans are proud to have. You won’t be able to vote or carry a firearm.
What are some possible defenses against a fifth-degree drug possession charge?
Because the consequences can be so harsh (and change your life forever), it is important that you hire a criminal defense lawyer to help you through this difficult time. He or she will be able to discuss your case and options to come up with the best plan of action.
Possible criminal defenses that you may consider include:
Not enough evidence.
Many drug charges are dropped due to the simple fact that there is not enough evidence.
Constitutional right violation.
Another common defense is that your constitutional rights were violated when they got the evidence. If you can get enough evidence thrown out, there might not be a case anymore.
You could also consider fighting the charges if you were in the wrong place at the wrong time. You might have been in the vicinity, not even selling the drugs.
If a person is addicted to drugs (and is willing to get help), the criminal justice system may be willing to help. There are times when you can get your charges dropped if you are willing to go to a treatment facility. These programs can be difficult, but it can help a person start to get help fighting their addiction, while also getting their charges dropped.
Possession, not sales.
If there is enough evidence against you, your best bet might be to try to get the charges decreased from a sales one to a possession. There are fewer consequences for possession of drugs than you would be facing for selling them.
Arrested For Drug Crimes in Minneapolis & St. Paul Area? Call Today
It doesn’t matter what your charges are or what defense you think you should use. You need to consult a lawyer to help you fight. You need someone on your side to get you through this difficult time. Don’t hesitate to contact us today. We will be glad to discuss your options to come up with the one that works best for you and your family.