MN Drug Crimes Attorney

There are a number of different drug crimes under Minnesota and Federal Law, including drug trafficking, conspiracy, distribution, trafficking, manufacturer, importation, sale, simple possession, and many more. Even relatively minor offenses that involve controlled substances carry disproportionately heavy penalties. Since drug crimes violate U.S. law, you can face federal prosecution as well as state prosecution. Whether you are in Minnesota or federal court, it’s crucial to get the professional and trustworthy legal guidance of a lawyer who can fight to protect you in court.

Whether you’ve been charged with a drug crime in a State or Federal court in Minnesota, the lawyers at Birrell Criminal Defense are your best bet if you want an effective drug crime representation. Our MN Drug Crimes Attorneys have been aggressively defending criminally accused clients throughout Minnesota for many years. We know a great deal about what it takes to win even the most difficult cases. As such, you can rest assured that your future is in good hands when you turn to us for help regarding your drug crime case.

When you’re charged with a drug offense, consider seeking the help of a Minnesota drug crimes attorney that is a board-certified criminal law specialist. You will want a knowledgeable, skilled, and aggressive MN Drug Crimes Attorney who understands the law and has a reputation for success in such cases. Birrell Criminal Defense is a fierce litigation firm that has successfully handled many drug cases.

Drug Crimes may be Charged in State and Federal Court

All drug crimes in Minnesota state court are covered under chapter 152 of the Minnesota statutes. Drug offenses are usually determined by the type of drug in question and the amount of the drug. Drug offenses are classified into five degrees, all of which are felonies. Since each level has different possibilities, the following section will describe some of the most common offenses in Minnesota.

First degree-controlled substance crime: The most severe drug crimes in Minnesota Law are first-degree possession and first-degree sale. These can be committed in a number of different ways. For example, if someone, over a 90-day period, sells a mixture of drugs that weighs 17 grams and contains a detectable amount of cocaine or methamphetamine, they committed first-degree sale of controlled substances. If someone possesses a relatively larger amount of drugs they commit first-degree possession. For example, first-degree possession includes possessing at least 50 grams of a mixture of drugs containing cocaine or methamphetamine.
The sentence is ordinarily up to 30 years in prison and/or up to a $1,000,000 fine. If the person has a prior qualifying drug conviction, they face a sentence with a minimum of 4 years -- and up to 40 years -- in prison.

Second degree controlled-substance crime: This includes the sale of mixtures that contain at least 3 grams of cocaine, meth, or heroin; or at least 10 grams of mixtures that contain any other narcotic apart from heroin, cocaine, or meth, at least within 90 days. Certain aggravating factors may need to be present. It also covers the possession of a number of different drugs -- for example possessing a mixture of drugs weighing at least 6 grams and containing heroin qualifies. The law allows a sentence of up to a $500,000 fine and/or up to 25 years in prison. If you have a prior conviction, you face a minimum of 3 years in prison and a sentence not exceeding 40 years in prison.

Third degree controlled-substance crime: This would constitute being caught selling one or more mixtures of any form of a narcotic drug or one or mixtures of 5 kgs of marijuana or more in a period of 90 days. This crime also includes the possession of one or more mixtures of 3 or more grams of heroin, or at least 10 grams of mixtures containing other narcotics. The penalty is a sentence not exceeding 20 years in prison, and/or a fine not exceeding $250,000.

Fourth Degree controlled substance: These include selling one or more mixtures of most of the Schedule I, II, or III drugs, or Schedule IV or V drugs to a minor. This also includes possessing one or more mixtures of most Schedule I, II, or III with the intention of selling. It carries a penalty not exceeding 15 years in prison, and a fine not exceeding $100,000.

Fifth degree controlled-substance crime: This is the least severe of the Minnesota drug offense crimes but can still be a serious felony. Fifth-degree controlled substance crimes carry a penalty of a fine not exceeding $10,000 or up to 5 years in prison, although a skilled attorney can discuss how you may have options to maneuver around harsh outcomes like these. The offense includes possessing one or more mixtures of Schedule I, II, III, or VI drugs as long as the drug is more than a small amount of marijuana. It also includes selling at least one mixture of a Schedule IV drug, or more than a little amount of marijuana. A small amount of marijuana is about 42.5. the sale or possession of this small amount of marijuana is considered a petty misdemeanor.

MN Drug Crimes Attorneys Who Understand Minnesota Law

If you find yourself facing drug charges, get in touch with the Minnesota crime defense attorneys at Birrell Criminal Defense. We know how to defend you and any other person accused of these charges, and we have already done it many times for people just like you.

Our MN Drug Crimes Attorneys use a comprehensive approach in all our cases, and we’ll dig into the details of the case before letting you know how we can achieve a favorable outcome for you. There is hope. You don’t deserve to get your life ruined just because of a drug charge. When you work with Birrell Criminal Defense, we'll put all we have into your case and work towards a favorable outcome.

Contact Our Knowledgeable and Experienced Attorneys Today!

Our lawyers have an extensive knowledge and experience in drug crime cases, which allows us to find the differences and commonalities in every specific case. If you’re looking for a tenacious yet skilled attorney that will treat you as an individual, get in touch with us today

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Frequently Asked Questions

What Kinds Of Drug Possession Offenses Are There?

The offense of drug possession encompasses two distinct types of crime, that of actual possession if illegal substances and that of constructive possession. The former requires an accused party to have current control or physical possession of such a substance, such as on their person or even their hand.

What Is The Average Amount of Sentence For A Drug Possession Charge?

The length of a sentence for this type of possession on average is typically around 20 months for a state charge. Whereas, if you were charged with federal possession, you would be facing an average of 81 months. The main difference between the two is the fact that you are much more likely to be severely charged on a federal level as opposed to a state level.

What Constitutes A Drug Offense

Drug offenses refer to the use, furnishing, sale, or possession of illegal substance or paraphernalia that goes with it. The majority of drug crimes are classified as felonies. A common defense lodged in the face of a drug charge is that related to illegal search and seizure of the contraband.

Drug Crimes: The Criteria for Federal Charges

You will likely be charged with a federal crime if you are taken into custody by a federal officer. This happens frequently when local officers are working in conjunction with federal officers on a case. Also, if the drug use or possession happened on land owned by the government, like at a national park, federal charges often result.

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Frequently Asked Drug Crime Questions

1What is considered a Drug Offense?
Drug offenses refer to the use, furnishing, sale, or possession of illegal substance or paraphernalia that goes with it. The majority of drug crimes are classified as felonies. A common defense lodged in the face of a drug charge is that related to illegal search and seizure of the contraband. When law enforcement officers conduct a search or seizure in violation of the Fourth Amendment to the U.S. Constitution, any evidence so obtained will be thrown out.
2What are the types of drug possession?
The offense of drug possession encompasses two distinct types of crime, that of actual possession if illegal substances and that of constructive possession. The former requires an accused party to have current control or physical possession of such a substance, such as on their person or even their hand. The latter means that a defendant has the ability to imminently possess the illegal substance in question. This could take the form of someone riding in a car in which drugs were stored in the glove compartment which could be opened and accessed at any time. As such, there could be multiple accused parties in a constructive possession scenario.
3What is the average sentence for drug possession?
If you are someone who was recently arrested and charged with drug possession, you are likely going to be interested in knowing what kind of sentence you could be facing. Several different factors can influence the total amount of time you can expect to face. One of the main things that are factored into the sentencing would be the charges and their severity. More specifically, the total amount of drugs that they have alleged were in your possession at the time of your arrest and whether or not it is your first time being arrested. The length of a sentence for this type of possession on average is typically around 20 months for a state charge. Whereas, if you were charged with federal possession, you would be facing an average of 81 months. The main difference between the two is the fact that you are much more likely to be severely charged on a federal level as opposed to a state level. If you find yourself in a position where you are faced with these types of possession related drug charges, you should contact the Law Office of Birrel Criminal Defense right now. Not only do we offer free consultations, but we can provide you with accurate details and advice on what kind of case you have.
4What Makes a Drug Crime a Federal Offense?
The following are the criteria that go into determining whether a drug crime is a federal offense. Are Federal Officers Or Systems Involved? You will likely be charged with a federal crime if you are taken into custody by a federal officer. This happens frequently when local officers are working in conjunction with federal officers on a case. Also, if the drug use or possession happened on land owned by the government, like at a national park, federal charges often result. Is The Charge Serious? There is a difference between possessing a drug and attempting to sell a drug. If you are charged with possession of a drug, that charge is more likely to stay at the state level. However, if you were trying to distribute or traffic the drugs, your case may move to federal court. If it appears that you were trying to profit from your crime, it will be handled differently than if you were not. The circumstances surrounding your charge, therefore, are important. Is There An Informant? If someone made a plea deal to avoid a more severe sentence, and they give up information about you as a result, you could be charged with a federal crime. In part, this depends on that individual's circumstances; if they were facing federal charges, you will likely be facing federal charges as well. Has A Decision Been Made? When it comes to drug crimes, the state and federal government often work together. It is not unusual for prosecutors at both levels to come together and decide they want to try the case in federal court. They often agree on this decision because the sentences are typically more severe at the federal level. Drug Charges at the Federal and State Level Individuals who have not been charged before, and who appear in state court, generally will not receive as severe of a sentence as those that are facing a federal drug charge. Someone that receives a "guilty" verdict in a federal court often goes to prison for a long time, in part because there are guidelines requiring a minimum sentence term.
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