Garrison resident sentenced to over 3 years for drug crimes

A Crow Wing district court sentenced a central Minnesota man to 44 months in prison for possessing over three grams of a controlled substance. He received a second sentence of 39 months for selling narcotics, but the sentences will be served concurrently in the St. Cloud correctional facility, meaning that he will only serve a total of 44 months for both drug charges. During the sentencing, the 26-year-old man received credit for previous time spent in prison.

In addition to the third-degree possession charge, the 44-month sentence was a result of nine other counts, including selling a marijuana mixture. All of the nine counts were dismissed, however.

The man was caught while officers were on patrol at the public access point for Bass Lake. Police decided to investigate a suspicious-looking vehicle containing three male passengers. When officers learned that there was a warrant out for the man’s arrest, they conducted a search and discovered a pill bottle containing gabapentin. The bottle’s label was torn off. Officers also found a large stash of cash and a paper appearing to contain drug notes.

Police discovered even more in the man’s vehicle. Several small bags of marijuana were found, totaling about 5.1 grams. Officers eventually found several empty baggies, two scales and pills such as alprazolam and Seroquel. Even more marijuana was found in a hidden compartment inside of a bottle of RockStar energy drink.

This is not the man’s first drug conviction. In 2011, he was charged with the sale of narcotics when he sold meth to an undercover informant in Brainerd.

The man has definitely benefited from a good defense. The decision to have both of his sentences served concurrently has nearly cut his jail time in half. It’s not unreasonable for a judge to sentence a repeat offender as harshly as possible. Also, having nine out of the 10 possible charges dropped is a big advantage for the man. Defense attorneys can help anyone in these situations negotiate for a lighter possible sentence.

Source: brainerddispatch.com, “Garrison man to serve prison time for drug charges” Jennifer Stockinger, Nov. 27, 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.

Experience: Practicing since 1997
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 You Be Charged With a Drug Crime Based on Text Messages Alone?

You can be charged with a drug crime based on text messages alone in Minnesota, especially when the messages show intent to purchase, sell, distribute, or traffic drugs. Prosecutors often use text messages to demonstrate intent to commit a drug crime, show a history of drug activity, link you to a specific phone, and corroborate physical evidence. Text messages often strengthen the probable cause required for the police to arrest and charge you. They are, however, not sufficient for a conviction without compelling supporting physical evidence.

Can the Police Lie to You During an Interrogation in Minnesota?

Criminal defendants who interact with police officers for the first time are often left wondering, “Can the police lie to you during an interrogation?” Police officers can lie to you during an interrogation. In fact, deception is a lawful and fully permitted police technique provided the officers do not use it to force a confession. Police often claim possession of non-existent evidence or witnesses to trick you into disclosing information that can aid their investigation.