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  6.  | Drug Charges FAQ

What Types Of Drug Offense Cases Do You Handle?

We handle cases involving all degrees of possession, sale, and manufacturing of drugs, as well as conspiracy to distribute or sell in federal court.

What Are The Most Common Types Of Drugs Generally Involved In These Crimes?

Methamphetamine, heroin, cocaine, fentanyl, marijuana, and Schedule I and Schedule II controlled substances are the most common types of drugs involved in the cases we handle.

Are Prescription Drug Offenses Handled Differently Than Other Drug Crimes In Minnesota?

In Minnesota, prescription drug offenses fall under a certain schedule. The severity of these offenses depends on the schedule under which the drug is classified. People can be prosecuted for selling, bartering, providing, or illegally possessing any prescription drug.

What Are The Sentencing Guidelines For State-Level Felony And Misdemeanor Drug Charges In Minnesota?

For state court, the maximum penalty for a first-degree controlled substance crime is 40 years in prison. The maximum penalty for a misdemeanor is 90 days in jail, and the maximum penalty for a gross misdemeanor is 365 days in jail. There are also mandatory minimums for repeat drug crimes. The sentencing guidelines take into account the severity of the case and the offender’s criminal history.

What Legal Defenses Can Be Raised In Drug Cases?

Lack of intent or knowledge is a legal defense that can be raised in drug cases that involve possession. For example, it could be argued that a defendant was not in constructive possession of a drug. Other legal defenses are based on entrapment, duress, and illegal searches and seizures, such as search warrants or vehicle searches.

What Are My Rights When It Comes To Drug Searches?

The Fourth Amendment to the United States Constitution and Article 1, Section 10 of the Minnesota Constitution prohibit unreasonable searches and seizures. If a search happens without a search warrant, it is presumptively unreasonable under the law. Search warrants can be attacked for improper probable cause. We have succeeded in getting serious drug and gun cases thrown out by attacking traffic stops, vehicle searches, home searches, and searches of persons, even with search warrants.

What Happens If I Receive A Second Or Third Drug Charge Or Conviction?

There are mandatory minimums in state and federal court for repeat offenders. These mandatory minimums increase the amount of prison time an offender must serve if they plead or are found guilty. We have had cases where we have been able to avoid mandatory minimum sentences for clients. Each case is unique, and an experienced lawyer knows how to attempt to avoid mandatory minimum sentences for our clients.

What Is Drug Court? When Is This Available To A Defendant Or Offender?

Drug courts focus on rehabilitation rather than imprisonment. We have been able to help many clients avoid prison and take advantage of drug court opportunities. Each county makes up their own rules and qualifications to determine whether or not an individual is eligible for drug court. We are happy to examine those possibilities with you and have had many clients turn their lives around with opportunities like this.

Is Drug Court Always The Best Option For Someone Who Faces Drug Charges?

Drug court is not necessarily always the best option for a person who is facing drug charges. There are individual factors to consider, but on the whole, drug courts are a great option.

For more information on common drug offenses In Minnesota, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling Ryan Pacyga Criminal Defense at 612-474-5420 today.