How to Beat a Drug Charge in Minnesota

If accused of drug crimes in Minnesota, there are several ways to beat drug charges during the pre-trial and trial processes. Depending on the case, it may be possible to challenge a case using multiple strategies. The following are some of the potential strategies that could help beat various types of drug charges.

Miranda Rights Violations

When making an arrest, law enforcement officers must read individuals their Miranda Rights, which inform them of their right to remain silent. Failure to read these rights could prevent the courts from using any post-arrest statements from the defendant against them.

Illegal Search or Seizure

Law enforcement officers are unable to search or seize any property unless they have probable cause to believe that the property owner has committed a crime. Any evidence obtained via illegal search or seizure will be inadmissible in court.

Suppression of Pre-Trial Identification Procedures

If the police used any unreliable identification procedures to identify the defendant, including suspect line-ups, mugshots, CCTV footage, or witness photos, it may be possible to keep the government from identifying the defendant.

Lack of Knowledge or Intent

It may be possible to prove a lack of knowledge on the defendant’s part that he or she was in possession of illegal drugs at the time of the arrest. Defendants may also be able to prove that there was a lack of intent to distribute controlled substances.

Challenging Proof of Substance

Even if the state claims that a substance constitutes a controlled substance or illegal drug, the court must be able to provide that this is true through scientific evidence. If the reliability of drug testing is questionable, individuals may be able to either show that the evidence is unreliable or keep it from entering into the trial process altogether.


The government is prohibited from encouraging anyone to commit a crime, which may take place in situations such as sting operations. Entrapment is involved in many cases, but it’s more frequently seen in those involving drugs or prostitution crimes.


For cases involving drug crimes such as trafficking, individuals may be able to prove that others threatened harm to them or their families for not complying with orders to commit the crime.

Using these or other strategies, it’s possible to beat different types of drug charges either before or during court.

He has won jury trial cases in misdemeanor and felony cases and in DWI’s and non-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. He is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

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

Involve a criminal appeal attorney soon after you learn the prosecution is appealing your sentence. Your attorney will walk you through the involving and confusing sentencing guidelines. An attorney's involvement will also help you develop a defense strategy for the appeal.