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 Mineapolis 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

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.