People facing arrests or under investigation for drug-related crimes often wonder: How long do police have to file drug charges in Minnesota? Once police officers conclude their investigations and arrest you for drug trafficking, the law bars them from holding you in custody for long. But, even if they can’t keep you in jail, the Minnesota statute of limitations allows the prosecution to file the charges within three (3) years of arrest.
Consulting drug crime lawyers can mean the difference between a favorable and unfavorable outcome from your drug crime case. The lawyers can leverage their experience and knowledge to fight for your rights, with a high focus on a motion to dismiss.
At Keller Criminal Defense Attorneys, we have a seasoned and knowledgeable team of drug crime lawyers who can fight on your behalf when your rights, career, and freedom are on the line. Call (952) 913-1421 to schedule a free consultation.
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What to Expect After Getting Arrested for a Drug Crime
Knowing what to expect after an arrest can help you protect your rights.
Warrants, Searches, and Seizures
Before searching for drugs or seizing possessions as evidence of a drug crime, law enforcement officers must get the go-ahead from a judge through warrants. With a warrant, the police can make an arrest and even conduct searches and seizures in drug cases.
Timing After Investigations
Once the police have gathered the necessary evidence, they have the legal authority to arrest and charge a suspect with a drug crime. Even so, they must make the arrest and charge within a specific time after investigations. That ensures every case goes through the justice department on time.
Arrest and Charging Process
Depending on the type of controlled substance and the amount discovered, the police will likely follow legal procedures and arrest you. You will be taken into custody and your vehicle impounded. The police will hold you in custody for about two days before presenting you to a judge for arraignment.
Timeline for Filing Drug Charges in Minnesota
Like other states, Minnesota has a statute of limitations governing every criminal offense. The timeframe for police to file criminal charges depends on the offense. Drug cases commonly fall under the following categories:
- Possession, trafficking, and distribution: The Minnesota Uniform Crime Report shows that there were 14,933 drug-related arrests in the state in 2022. A number of these cases involved possession and concealing of drugs. Having drugs on you, transporting them, or giving them to other individuals is a criminal offense. The seriousness of the case depends on the kind of drugs, the intent, and the quantity discovered.
- Felony vs. Misdemeanor: In Minnesota, police commonly file drug charges as felonies or misdemeanors. A drug felony involves trafficking or distributing highly controlled substances. Felonies are ranked based on their severity, from first-degree (most serious) to fifth-degree (least serious) cases. Still, even the least serious felonies result in up to five years in jail and/or a fine of up to $10,000.
Misdemeanor drug crime, on the other hand, arises when police officers find you with 0.25 grams or a single dose of a controlled substance except heroin or under 0.05 grams of heroin. You must also not have any previous drug crime convictions in Minnesota or other jurisdictions.
Minnesota Criminal Statute of Limitations
The Minnesota statute of limitations sets the time limit for the police to file drug charges. Because most drug cases are misdemeanors and felonies, the statute of limitations on drug charges requires law enforcement to file the charges within three (3) years from the date of arrest.
As previously stated, some offenses involving drug trafficking and distribution may have an aggravating factor, such as robbery with violence or murder. Depending on the crime committed alongside the drug offense, the timeframe for filing drug charges in Minnesota may get extended. For instance, drug offenses involving theft have a five-year timeline, while drug charges involving murder or human trafficking activities don’t even have a statute of limitations. In other words, the police aren’t restricted on when to file the charges when people are murdered or trafficked during a drug crime.
Factors that Impact How Long Police Have to File Charges
The window within which law enforcement should file drug charges varies. As noted above, the statute of limitation can impact this timeline. Other factors include:
The Severity of the Offense
The severity of a drug offense can either compel law enforcement to expedite the filing process or take longer to file the charges. For instance, drug felonies of the first degree, such as possession or manufacture of 50 or more grams of methamphetamine, command a quicker filing of drug charges than a petty misdemeanor like possessing more than 2 ounces of marijuana in public.
Cooperation With Law Enforcement
The timeframe for filing charges also depends on how well witnesses, informants, and other parties involved in the case cooperate with the police. Their willingness affects the pace at which investigations progress and when the arresting police file the charges.
Jurisdiction Laws
Every jurisdiction has its statute of limitations governing when police must file drug charges against an individual after arrest. Depending on the location in which the crime was committed, the police must file charges sooner or after an extended time.
When to Consult a Drug Defense Attorney in Minnesota
What should I do if I’m arrested on drug charges? That’s a question many individuals facing drug crime charges ask. Considering the legal and career implications of drug charges, it’s crucial to hire a Minnesota drug defense attorney as soon as you discover that you’re under investigation or get arrested on a drug charge. Facing criminal charges in Minnesota can easily lead to a jury trial. The case outcome can come with serious legal consequences, including:
- A lengthy conviction that separates you from your family.
- Hefty fines and financial penalties that can dent your savings accounts.
- Loss of professional license and shattered hopes of excelling in your career.
An experienced defense lawyer will provide legal support and guide you through the process, from arrest and charging to pre-trial proceedings and the trial hearing. Moreover, a lawyer has legal knowledge and will discuss the defense strategies and options to have the case dismissed or your sentence reduced.
An attorney shoulders several duties and responsibilities when handling a drug case, including:
Crafting a Defense
One of the unique advantages of hiring legal representation is that a lawyer knows how to devise a defense strategy to help protect your rights and freedoms. A lawyer understands criminal law and will study the tactics employed by the prosecution team to discover loopholes to tilt the case in your favor. Your lawyer can anticipate the state’s legal strategies and plan the most effective defense tactics.
Challenging Evidence Admissibility
The Fifth Amendment protects individuals suspected to be involved in drug offenses from unreasonable and illegal searches and seizures. It’s your lawyer’s work to review the evidence provided and investigate the process the law enforcement officers used to gather it. Police officers must obtain a legal warrant from a judge to search. If, upon evaluating your case, your lawyer determines the evidence was obtained illegally or wasn’t in plain view, the lawyer can challenge its admissibility in court.
During these searches, law enforcement may deploy K9 units to sniff around and identify drugs. Don’t panic if you see the police dogs during a search, because they aren’t always right in detecting narcotics. Your lawyer may know how a drug-sniffing dog can get your case dismissed before it even goes to trial.
Questioning the Legality of the Drug or Paraphernalia
If arrested for a drug charge, the prosecution must prove that the substance or object you’re charged for possessing is illegal. Therefore, they must present accurate lab test results as evidence. Sometimes, the results can be inaccurate, or the testing procedures may not conform to the legal standards. A criminal defense attorney can challenge the accuracy and validity of a lab report or a positive field test.
Challenging the Alleged Intent
The prosecution must demonstrate the intent to traffic and distribute controlled substances. It can do that by presenting weighing scales, confiscated cash, packaging materials, or guns. It must also draw connections between the circumstantial evidence and the paraphernalia. Sometimes, the prosecution may present accounts and testimonies by confidential informants or investigators.
An attorney will closely scrutinize the investigation process to identify errors that can challenge the credibility of the evidence and statements made by the informant.
Violations of Miranda Rights
Sometimes, the arresting officers may fail to read the Miranda rights during arrest or inform suspects of their Fifth Amendment right to remain silent. In such a case, your lawyer will try to suppress the implications of what you said or presented in a statement. Additionally, if you exercised your right to legal representation and the police continued questioning you, whatever you admitted may not be used as evidence in court.
Have you been charged with a drug offense in Minneapolis, St. Paul, or the neighboring areas? Partner with a criminal defense attorney at Keller Criminal Defense Attorneys and get client-focused legal representation. Contact us today to get a free consultation.
