Do not worry, the defense attorneys at Kohlmeyer Hagen Law Firm can help you through this complicated process.
Drug cases are complicated. The defenses can also be complicated. This is why it is important to have a lawyer who focuses their practice on drug possession and drug sale crimes.
Understanding Drug Laws and Charges
Drug-related legal matters involve complex laws and rules that can be difficult to understand. Different drugs are subject to various rules and penalties, making legal maneuvering a challenge. Different drug schedules break down drug charges. The schedule assigned to the type of drug dictates the charge.
A drug lawyer possesses in-depth knowledge of these laws and can help individuals understand their allegations. A lawyer with this knowledge can explain possession charges, sale charges, and their consequences for each type of charge.
Trying to deal with legal charges on your own, especially when it is about drugs, can be extremely tough. That is where the Rochester attorneys at Kohlmeyer Hagen Law Firm come in. We are your guide through the legal system, and help you understand what’s happening and your options.
Having your rights protected is important. This also includes treated fairly throughout the process. The skilled lawyers at Kohlmeyer Hagen Law Firm in Rochester will treat you with respect, not like a criminal.
Understanding the Legal Process
All cases start in court the same way: a first appearance. This hearing is the first time in court in front of the judge.
The case can start with an individual in jail or appearing because they received a summons complaint. The Judge will set bail at this hearing, known as “conditions of release.” The Judge will set the bail amount as either “unconditional” or “conditional.”
Unconditional bail means no conditions follow except to appear in court. Conditional bail means that in addition to appearing in court, you’ll need to do certain things to remain out of jail.
After the first appearance, the Court schedules a Rule 8 or a Rule 5 hearing. The Rule 8 hearing is similar to the first appearance. Typically, a defense lawyer waives the hearing, meaning a client does not have the hearing.
The next step in the process is an omnibus hearing, where the real legal work begins. Your criminal lawyer can file motions at an omnibus. This motion can request suppression of statements, illegal search, or probable cause. These motions are making the request to have your charges dismissed or evidence suppressed.
The next step in the court process depends on rulings from the court. The Judge can dismiss your charges or a schedule a trial date.
Not all cases go to trial, and many settle short of a trial. The goal is to get the best outcome possible, and sometimes that means reaching a plea agreement.
The building a defense strategy:
Accusations of possession or sale of drugs you will require a strong defense to protect yourself and your rights. This means coming up with a plan of attack. This could include showing that you did not commit the accusations or presenting a legal argument to suppress evidence.
A skilled Rochester drug lawyer can help you come up with this plan. They can investigate and analyze the evidence. They can identify witnesses and discuss the case with them. They can develop compelling arguments to support your case.
A skilled criminal defense attorney works to hold the State accountable for your rights.
Building a robust defense is crucial when accused of drug-related offenses. A Rochester drug lawyer helps individuals develop strategies to refute allegations or mitigate consequences.
Illegal seizures or illegal searches often happen to individuals. Drug raids also happen on homes or vehicles. The 4th amendment protects individuals from illegal searches and seizure of all property. A skilled attorney addresses those concerns properly in court.
Common defense legal arguments
Illegal Search
An illegal search takes place when law enforcement does not follow the 4th amendment. This can include a search of a home, vehicle, or person. The constitution protects an individual from all searches, no matter where they take place.
Illegal seizure
Law enforcement cannot seize an individual without a legal basis. Once again, the 4th amendment protects individuals. If your attorney proves that an illegal seizure took place, the Court may dismiss the charges.
Warrants
The existence of a warrant does not mean you cannot fight your case. Law enforcement need to strictly follow the warrant. This includes everything from drafting, granting, and executing the warrant. Nighttime warrants and no-knock warrants need to follow the same scrutiny, which can lead to different challenges for the State.
Factors to consider for a controlled substance charge
Drug charges in Minnesota change depending on the schedule and amount of drugs involved in the charge. The location can also play a role in drug charges. For example, if the location was at or near school zone or a park, that has an effect on the charges.
The degree of charge also has a significant impact on the consequences associated with the charge. They can range anywhere from a gross misdemeanor 5th degree to a prison sentence for a first degree. A drug crime attorney can fully explain the reason for a drug charge. Minnesota Statutes 152 outlines charging options and offense details.
Drug possession charges
Here is a summary of drug possession charges in Minnesota:
1. Fifth-Degree Controlled Substance Possession:
-This charge applies to possession of small amounts of controlled substances.
– It is a gross misdemeanor offense punishable by fines of up to $3,000 and/or imprisonment for up to 364 days. Depending on the amount of drugs, it can also be a felony charge. Felony charges are punishable by fines of up to $10,000 and/or imprisonment for up to 5 years of prison.
2. Fourth-Degree Controlled Substance Possession:
– This charge applies to possession of larger amounts of controlled substances, including certain prescription medications.
– It is a felony offense punishable by fines of up to $10,000 and/or imprisonment for up to 15 years.
3. Third-Degree Controlled Substance Possession:
– This charge applies to possession of certain controlled substances in larger amounts. It can also apply to possession of smaller amounts with intent to sell.
– It is a felony offense punishable by fines of up to $250,000 and/or imprisonment for up to 20years.
4. Second-Degree Controlled Substance Possession:
– This charge applies to possession of significant quantities of certain controlled substances or possession with intent to sell.
– It is a felony offense punishable by fines of up to $500,000 and/or imprisonment for up to 25 years.
5. First-Degree Controlled Substance Possession:
– This charge applies to possession of large quantities of certain controlled substances or possession with intent to sell.
– It is the most serious drug possession charge in Minnesota. Penalties can include fines reaching $1,000,000 and/or a jail term of up to 30 years.
Drug charges can varywidely. Factors such as criminal history and specific circumstances will affect potential penalties.
Drug sale or trafficking charges
Here is a synopsis of drug sale or trafficking charges in Minnesota
1. Fifth-Degree Sale of a Controlled Substance:
– This charge applies to the sale of small amounts of controlled substances.
– It is a felony offense punishable by fines of up to $10,000 and/or imprisonment for up to 5
years. 2. Fourth-Degree Sale of a Controlled Substance:
– This charge applies to the sale of larger amounts of controlled substances, including certain prescription medications.
– It is a felony offense punishable by fines of up to $25,000 and/or imprisonment for up to 15 years.
3. Third-Degree Sale of a Controlled Substance:
– This charge applies to the sale of certain controlled substances in larger amounts. It can also apply to the sale of smaller amounts with aggravating factors, such as sales near schools or parks.
– It is a felony offense punishable by fines of up to $100,000 and/or imprisonment for up to 20 years.
4. Second-Degree Controlled Substance Sale:
– This charge applies to the sale of significant quantities of certain controlled substances. It can also apply to sales with aggravating factors, such as sales to minors or sales near schools or parks.
– It is a felony offense punishable by fines of up to $500,000 and/or imprisonment for up to 25 years.
5. First-Degree Sale of a Controlled Substance:
– This charge applies to the sale of large quantities of certain controlled substances. It can also apply to sales with aggravating factors, such as sales to minors or sales near schools or parks.
– It is the most serious drug sale charge in Minnesota. Penalties can include fines of up to $1,000,000 and/or imprisonment for up to 30 years.
Not all drug charges are the same, factors such as criminal history and specific circumstances will affect potential penalties. An individual can face charges of a simple sale or an aggravated sale.
With drug charges, there are a lot of moving parts. The State can bring drug sale charges even if a sale does not take place.
The law allows sale charges depending on the drugs’ proximity to a scale, baggies, and packaging of the drug. The weight of the drug is also a factor.
A Rochester drug lawyer knows all about these rules and can help you understand what they mean for you.
The Importance of Legal Representation:
Minnesota Statutes 152 et al is complicated. Trying to pilot a drug case on your own is difficult. This is where a criminal defense drug lawyer comes in.
We lead you through the process, discuss options, and put you in the best place possible for the best result. We are more than just attorneys. We are your guide through the criminal justice system.
Experience in Drug Laws and Court Procedures:
Facing the interstices of drug laws and court proceedings is an overwhelming experience. Having an experienced drug lawyer can help you through this process.
One of the most reassuring aspects of having a drug lawyer is their ability to simplify the court proceedings. From the moment you step foot in the courtroom, we will be there to provide clear and concise explanations of what to expect.
We will ensure you’re well-prepared and confident in your actions. We can advise you on courtroom etiquette, such as what to wear and where to sit. We can prepare you for when to speak and how to address the judge.
A skilled drug attorney will take the time to educate you. We can explain any legal jargon or complex concepts that arise during the legal process.
A thorough understanding of the proceedings and your rights is important. We can explain unfamiliar terms and legal nuances. This knowledge allows you to actively participate in your defense. Our job is to help you make informed decisions and advocate for your best interests every step of the way.
A drug lawyer is not just your legal representative in the courtroom. They are your ally, your advocate, and your confidant. With our experience and guidance, you can understand the drug laws and court procedures with confidence and peace of mind.
When facing legal challenges related to drug offenses, remember that you do not have to go through it alone. A knowledgeable Rochester lawyer from Kohlmeyer Hagen Law Firm is there to help you through.
Protecting Your Future and Reputation:
Drug charges not only carry short term punishment from fines, jail, to even prison.
Drug charges can have long term effects. Long term drug charges can affect your ability to find employment. It can also affect your ability to receive financial aid for school and even renting an apartment. You need a serious attorney that will minimize the impact these criminal charges have on your future.
A drug lawyer will do everything they can to help you get through it. They will work to minimize the impact of the charges on your future. Whether that means negotiating a plea deal or fighting for your innocence in court.
Finding the Right Drug Lawyer:
Picking the right lawyer is vital. The lawyer you choose will directly impact how a case turns out. Do not pick a lawyer without drug crime case experience. You need award winning criminal defense and an attorney with a track record of success.
What Kohlmeyer Hagen brings to the table.
Kohlmeyer Hagen Law Firm handles charges for illegal substances, prescription drug cases, and anyone facing drug charges. Our firm is well-known in Southern Minnesota and across the country. Our attorneys have won awards for the successful outcomes they have achieved.
Attorney Tom Hagen earned the title of National Criminal Defense Trial Lawyer of the Year. He also received the Minnesota Attorneys of the Year award.
We are a locally trusted law firm. From being on the local news to headlining an episode of Dateline, we are the lawyers people look to when they need answers.
Our mission statement at Kohlmeyer Hagen Law Firm is, “We Solve Problems.” If you’re facing a drug charge problem, contact our office. We can help you through this.
