A drug charge in Minnesota can have extremely serious long-term consequences, which is one of the reasons we want you to take the time to make an informed decision about who you choose to represent you as a drug lawyer.
Here’s what you need to know about Controlled Substances
A “Controlled Substance”, according to Minnesota Statutes 152.01, is “a drug, substance, or immediate precursor in Schedules I through V of section 152.02.” Minnesota Statute 152.02 is a list of prohibited drugs and substances that classify as a controlled substances or are in other words, illegal when abused, misused, or distributed unlawfully.
Admittedly, this is an extremely thorough list, and many people have a very short fuse when it comes to looking at legal statutes, let alone definitions, so we will not get into too much depth. What you need to know, is the information associated with your charge(s), which may be found under Minnesota Statute 152.021 all the way through Minnesota Statute 152.027. As there is a vast amount of information within these particular statutes, we will only cover some of the more basic things.
Common Misconceptions
“I wasn’t going to sell it! It was for me!” We hear this objection all of the time, but it does not matter. If you are in possession of more than a specified amount (there are different weights for different substances) of a controlled substance, you may be charged with intent to sell, or in other words a higher degree of a controlled substance crime as defined by Minnesota Statutes 152.021, 152.022, 152.023, 152.024, and 152.025 respectively.
“It wasn’t mine! I was holding it for a friend!” This is another objection we hear, and is actually more common than most people would believe. However, it doesn’t matter who the controlled substance belongs to, it only matters who was “in possession” of the controlled substance when the arrest occurred. Though not explicitly defined, the subject of possession is covered several times under Minnesota Statute 152.021.
“Will we win if I hire you/your firm?” This misconception probably comes from the wonderful world of television, where reality is seldom showcased in legal dramas. A win is something that is hard to define when you are talking about a criminal case and the fact is that sometimes a positive result is dramatically reduced jail time. Sometimes it’s zero jail time and a hefty fine. We simply cannot tell you what the outcome of your case will be, but what we can promise that as a private criminal defense attorney we have more time to dedicate to your case than a public defender, since they are frequently underfunded and overworked.
“I’m not an addict!” Admittedly, we rarely hear this objection anymore, but it is still worth talking about. We are not here to judge you. We are not here to scold you. We are here to represent you in a court of law, and fight for your constitutional rights.
