5 FAQs About Drug Cases

Individuals faced with drug possession charges often want to know about the fines or penalties, available plea options, and ways to deal with false drug possession charges. They also seek to know whether entering a guilty plea is advisable and the consequences of a drug conviction.

Possession of controlled drugs, including opium, meth, ecstasy, heroin, and cocaine, is a punishable offense. Possessing these substances or their precursor ingredients can lead to hefty fines or lengthy imprisonment.

Frequently Asked Questions About Drug Cases 

What are the penalties for drug possession?

The charges for drug possession depend on the drug type and amount found on the suspect during the arrest. Jail time and penalties typically vary from state to state. In Minnesota, for instance, unlawful possession and sale of 42.5 grams or less of marijuana is a petty misdemeanor that can result in a fine of at least $300 and/or participation in a drug education program. Anything above 42.5 grams is deemed a felony and could lead to at least $10,000 in fines and up to five-year imprisonment.

Is dismissal without a trial possible?

Though it is hard to predict the verdicts in drug possession cases, they can sometimes get dismissed without proceeding to trial. First-time offenders may qualify for a diversion. A lawyer can convince the judge to throw out the case on a technicality.

The diversion route sees the defendant asked to complete a drug education course. These cases are dismissed after the defendant completes the drug education program. Alternatively, an aggressive drug lawyer may file a suppression motion on the defendant’s behalf. The suppression motion challenges the legality of the arrest and drug seizure.

How to deal with false drug possession charges?

When facing false drug possession charges, the defendant should have a brilliant drug lawyer on his or her side. The lawyer will look for evidence to cast doubt on any piece of evidence presented by the prosecutor.

Is entering a not-guilty plea advisable?

Pleading not guilty is often a wise decision. This plea allows lawyers enough time to collect evidence and develop a solid defense strategy. It enables the defendant’s lawyer to cross-examine the tactics used by the prosecutor to obtain evidence.

What are the Consequences of Drug Convictions?

Drug convictions can be quite detrimental to the accused moving forward. These convictions come with hidden consequences, such as losing the right to possess firearms and the right to vote.

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.