Penalties for Underage Possession in Minnesota

Children and teenagers who participate in criminal activity can face serious penalties that impact the rest of their lives. Underage possession of a controlled substance requires a drug attorney that handles juvenile criminal defense cases.

Juvenile Crimes in Minnesota

A juvenile is defined by Minnesota law as a person between 10 and 17 years old. When a juvenile commits a crime, the laws and consequences differ than laws and consequences for adult criminals. Depending on the circumstances, juvenile crimes can range from misdemeanors to felonies. Penalties for misdemeanors often include detention in a youth facility and counseling, but in serious cases, a juvenile can be charged and punished as an adult.

When children and teenagers commit crimes, they are often unaware of the consequences of their actions. If charged with a crime in Minnesota, juveniles are not entitled to a jury trial or bail release. Extended Juvenile Jurisdiction (EJJ) is a Minnesota program that focuses on helping juveniles who commit serious crimes to return to a law-abiding lifestyle. According to law, Minnesota courts can impose a dual sentence with juvenile and adult sanctions to a juvenile offender. To be placed on EJJ, a juvenile offender must be at least 14-years-old. Under Minnesota law, convicted offenders must remain under EJJ supervision until they reach 21 years of age.

Underage Possession of Drugs and Alcohol

Drugs

In Minnesota, when a person is caught in possession of a controlled substance, and the police suspect intent to sell, it’s charged as a possession with an intent violation. Possession with intent to sell, deliver or distribute drugs is a fourth-degree drug offense that requires a drug attorney for the proper criminal defense. Penalties include a potential prison sentence of up to 15 years and fines up to $100,000. Minnesota law imposes stiff penalties on meth-related criminal possession charges, but there is no jail time for first-time offenders caught with a small amount of marijuana (42.5 grams or less) intended for personal use.

Alcohol

In Minnesota, the legal age to consume alcohol is 21, and minors caught with alcohol face serious consequences. The following are considered gross misdemeanors, punishable by fines of up to $3,000, in addition to civil penalties and criminal charges:

  • Purchasing or attempting to purchase alcohol under age 21
  • Providing the use of a fake ID to a minor to purchase alcohol
  • Serving or giving alcohol to a minor, except within the household by a parent or guardian under supervision

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 Surprising Cost of a Guilty Criminal Plea in Minnesota

Defendants in Minnesota may plead guilty or accept deals without understanding the hidden cost of a guilty criminal plea. A guilty criminal plea, regardless of how appealing it appears, can leave you dealing with substantial lifelong consequences. You may skip lengthy trial proceedings and likely get a lenient sentence, but end up with a criminal record. The record can lead to various financial and collateral consequences, including difficulty in securing employment, loss of housing rights, license revocation, and immigration issues.

What You Can Expect at a Pre-Trial Motions Hearing in Minnesota

The pre-trial motions hearing is a court session you attend after your first arraignment. At the hearing, the prosecution and defense appear before a judge to clear several details about the case before trial. These details include pre-trial motions, evidentiary queries, and constitutional matters.

Refusing Arrest vs. Resisting Arrest in Minnesota: What’s the Difference?

Highly publicized incidents of police using excessive force over the past few years have led to people wondering, “What’s the difference between refusing arrest vs. resisting arrest?” Resisting arrest in Minnesota occurs when you use force to prevent a police officer from making a lawful arrest. Refusing an arrest, on the other hand, involves statements or actions that show reluctance to cooperate with an officer’s instructions without using force.