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

A Santa Clara University study shows that over one million people in Minnesota have criminal records. In Minneapolis alone, 5,713 crimes are reported annually within an area of 100,000 residents. These criminal cases require the defendants to present evidence challenging the prosecutor's narrative. So, when does the defense present evidence in a criminal case? Your defense team presents evidence at the trial phase right after the prosecution team completes outlining the facts it intends to prove and how its evidence will prove you guilty.
Media attention and public scrutiny after conviction can hurt your personal and professional reputation, especially if your criminal case is high-profile. One of the questions you may ask is: How do I handle media attention and public scrutiny after conviction in Minnesota? You can do that by familiarizing yourself with your rights, having a witness present during a media interview, minimizing media consumption, and taking a break from social media. Building a strong support system and working closely with a criminal defense lawyer can help you handle or minimize the impact of public scrutiny.
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.