Laws Emphasize Treatment for Drug Offenders

The most significant changes in over 30 years to drug sentencing in Minnesota have gone into effect and will be used to determine the sentences of future drug offenders. The effect of the new laws will be closely monitored by legislators and law enforcement to determine whether lighter sentences and a renewed emphasis on treatment over incarceration helps reduce drug use within the state.

Low-Level Offenders Catch a Break

The changes to the law are intended to reduce penalties and sentences for low-level, non-violent drug offenders. Indeed, the state is stepping up efforts to divert low-level offenders into treatment programs where their addictions may be addressed more effectively than possible within a correctional facility. Currently, there are 501 individuals in the state serving time for low-level possession of a controlled substance, however, the changes to the law are not retroactive and will not be used to release these individuals from prison.

Under the new guidelines, mandatory minimum sentences for third, fourth, and fifth degree possession have been eliminated. Further, fourth and fifth degree offenders are now eligible for conditional or early release. It is expected that conditions for early release will include provisions for offenders to successfully complete drug treatment programs.

Minnesota Funding Future Treatment Programs

It should be noted that the state is also increasing the number of Chemical Dependency beds within the state’s correctional facilities. The state is increasing funding for these beds by $750,000 in the coming year which will facilitate the installation of 70 new beds. Moreover, grants will be available to local police departments, jails, and non-profits who are seeking to initiate or expand their own Chemical Dependency Programs. So far, the state has earmarked $488,000 for this in 2017. This amount will drop slightly to $461,000 for every year following. It is hoped that the diversion to drug treatment programs will help the state save up to $12 million per year in incarceration costs.

Drug Treatment in Minnesota

Drug lawyers in Minneapolis should advise their clients about their drug treatment options. In Minnesota, drug treatment programs are required to provide counseling and education to clients that can help reduce the possibility of relapse. Successful completion of drug treatment requires clients to change their lifestyle and rely upon treatment programs that can help them address their addictions and get a second chance at life.

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

Can Past Allegations of Sex Crimes Be Used Against You in Minnesota?

One question people charged with a sex crime in Minneapolis, MN, ask is: Can past allegations of sex crimes be used against me? Under Minnesota Rules of Evidence, past sex crime allegations aren't admissible as evidence in court to prove a suspect's character and argue that it contributed to the commission of the current crime. However, there are circumstances in which the court may allow prior allegations or bad conduct as evidence. These circumstances include when the prosecution can demonstrate that prior allegations or acts are key to establishing intent, identity, or pattern of bad conduct related to the current crime.

What If The Alleged Victim Was Drunk? Minnesota Consent & Alcohol Laws

Under Minnesota consent & alcohol laws, it is unlawful to engage in sexual contact or intercourse with someone drunk or intoxicated to a degree that prevents that person from consenting, understanding, or keeping his or her actions in check. Simply put, you should avoid sexual contact with a person who visibly looks impaired by alcohol, drugs, or other intoxicating substances.

How Long Do Police Have to File Drug Charges in Minnesota?

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.