Austin woman gets stay of adjudication on drug charge in DWI case

A woman who had been accused of driving while impaired by drugs, felony drug charges and other offenses reportedly agreed to plead guilty to a misdemeanor DWI and felony drug possession charges in exchange for a probationary sentence that may allow her to avoid having the felony conviction entered onto her permanent criminal record.

Authorities in Mower County, Minnesota, claim that an officer ran the plates on a car last August and learned that a woman linked with the car did not have a valid license. The officer conducted a traffic stop, suspecting that an unlicensed driver was operating the car.

At some point during the investigatory stop, police apparently decided to search the car. Officials claim that an officer found less than a half-gram of methamphetamine in a cigarette pack. It is not clear from a media account in the Austin Daily Herald what the government based that search upon.

A passenger reportedly had fled from the car during the encounter, and he was later convicted of misdemeanor fleeing police. The woman denied ownership of the suspected meth. But, ultimately, authorities charged the woman with felony fifth-degree drug possession, DWI-drugs and other offenses.

She reportedly pled guilty to a DWI count and the felony drug charge and has been sentenced to five years’ probation. If the woman successfully completes that probation, the felony charge will be dismissed, according to the media account.

Generally, Minnesota law allows a person to seek what is called a stay of adjudication in a criminal case. Criminal defense lawyers may negotiate with prosecutors to include a stay of adjudication in a plea deal.

The stay essentially stops the proceedings just before a criminal conviction is entered. The court puts a hold on entering the judgment of guilt on the record, while placing a person on probation (other sentencing provisions may be involved in the process, including potential jail time).

However, if the person completes probation successfully, the charge is dismissed upon completion of probation. The process can allow a person to avoid having the felony placed on a permanent criminal record.

Source: Austin Daily Herald, “Unlicensed driver gets probation for drugs, DWI,” Matt Peterson, June 24, 2013

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

The timeline for filing pre-trial motions in a criminal case in Minnesota varies with the type of motion. A motion related to the discovery of evidence or dismissal of a criminal case must be filed at least three days before the Omnibus Hearing. The prosecution is then allowed to respond to the motions, and the court sets the timeline for these responses.
Knowing the tips for interacting with law enforcement as a suspect in Minnesota can keep you from saying or doing something that incriminates you. These tips include understanding your rights while interacting with law enforcement, knowing how to handle search and seizure, and seeking the early intervention of a criminal defense lawyer. You should apply these tips when you are stopped for questioning, a suspect in a criminal investigation, pulled over in a car, and during arrest, arrest processing, and custody.
You may need to hire a criminal defense lawyer even if you have not been charged. A criminal defense lawyer protects your rights when law enforcement officers are investigating you for a crime. Without a lawyer, you might say something that could be incriminating or misconstrued. Your lawyer can engage with the police or the prosecutors and provide evidence that prevents them from filing formal charges. Your lawyer can also go through your case and prepare a defense strategy if there is a possibility of you getting charged.