Drug use and possession is extremely widespread in Minnesota, which means that criminal charges related to drugs are common, too. Unfortunately, these charges are often overzealous, unreasonable, or even prejudicial. If you’re facing drug charges, you might feel at a loss of what to do. The good news is that an experienced drug charges lawyer can make sure your rights are protected, that you face the least possible penalties, and that your drug charges are reduced or even dropped.
Our Minneapolis Drug Charges Defense Services
Minnesota classifies controlled substances in 5 “Schedules,” with Schedule I substances being the most dangerous.
- Schedule I: heroin, MDMA, LSD, psilocybin, GHB, and flunitrazepam
- Schedule II: codeine, morphine, oxycodone, cocaine, fentanyl, and meth
- Schedule III: ketamine, pentobarbital, and anabolic steroids
- Schedule IV: barbital, diazepam (Valium), and lorazepam (Ativan)
- Schedule V: therapeutic medicines containing low doses of codeine or other narcotics, as well as meth precursor drugs (such as ephedrine or pseudoephedrine)
The severity of drug charges can range from fifth-degree, which carries a maximum penalty of 5 years in prison, to first-degree, which carries a maximum penalty of 30 years.
The degree of charge depends on which Schedule the substance falls into, the amount of the substance, and whether you were selling the substance or simply possessed it. Drug sales is considered a more serious offense than possession, and will result in far more severe penalties.
At Martine Law, we understand how frightening it can be to face serious consequences over a drug charge. We also understand that the criminal justice system is not always the most just.
Sometimes, people face unreasonable legal penalties because of an overzealous prosecutor, or even because of prejudice. That’s why we make it our job to stand up for people facing drug charges, and make sure that their rights are respected and their future protected.
There are a number of strategies we use to beat drug charges altogether. The prosecutor must prove certain elements in order to convince a jury beyond a reasonable doubt that you are guilty of a drug crime. If any of these elements are not met, the case will either be dismissed, or a jury will find you not guilty.
- Admissibility of the substance: The substance must have been legally obtained, either through a valid search warrant or probable cause to perform the search. If these requirements are not met, the substance is inadmissible in court.
- Accuracy of the field test: The substance and amount must be proven to be illegal. Field tests used to determine if a substance is controlled and illegal to possess can be unreliable, and should be tested in a laboratory for the charge to hold up in court.
- Establishing knowing possession: It must be proven that you were knowingly in possession of the substance. For example, if a controlled substance was simply near you at the time of the search, this does not necessarily mean that it was in your possession.
In addition, your dedicated criminal defense lawyer can present a number of mitigating factors to reduce any legal penalties that you may face. Combined with the above defense strategies, we may be able to get your charges dropped before they even go to trial.
What Our Clients Say
Mr. Martine was patient, kind, and understanding. He helped me with a situation I’d never been in before and took care of it quickly and efficiently, all the while keeping in constant contact with me. He truly cared and wanted to get things resolved as quickly and painlessly as possible. And that’s what he did!”
Leo G.
“I got into a lot of trouble a few years back. Xavier Martine was fantastic, both inside the courtroom and out. He kept me out of jail and allowed me a path to get my life back on track.”
Tyler Z.
“I am usually not a fan of lawyers, but Xavier is honest and straightforward. He let me know exactly what I should expect from the process. With everything finished now I am very happy I chose him as my lawyer because I got the result that I wanted.”
James V.
“If you find yourself on the wrong side of the police I can't think of a better attorney to help you.”
Donald C.
Our Minneapolis Drug Charges Case Process
STEP ONE:
Call (612) 979-1305 to speak to an Intake Specialist. We’re available 24/7.
STEP TWO:
We’ll discuss your situation and desired outcomes, and determine if we can help.
STEP THREE:
If we’re a good fit, we’ll fight to get you the best results possible!
Frequently Asked Questions
What are the potential consequences of a drug conviction in Minnesota?
Consequences can include incarceration, fines, probation, mandatory drug treatment programs, and loss of certain rights, such as driving privileges. Additionally, a drug conviction can have long-lasting effects on employment, housing, and educational opportunities.
Can I be charged with drug possession if the drugs weren't mine?
Yes, you can be charged with drug possession even if the drugs weren’t directly on your person. Constructive possession, where you have control or access to the drugs, can lead to charges.
What if I'm caught with drugs near a school in Minneapolis?
Drug offenses committed near schools or in designated drug-free zones often carry enhanced penalties under Minnesota law. This can mean higher fines, more jail time, and a more serious charge.
Can I get a drug charge expunged from my record in Minnesota?
Under certain circumstances, it may be possible to have a drug charge expunged from your record in Minnesota. Eligibility requirements vary, so it’s important to talk to an experienced criminal defense attorney to find out if you’re eligible.
Should I talk to the police if I've been accused of a drug crime in Minneapolis?
It’s crucial to exercise your right to remain silent and seek legal advice before speaking to law enforcement. Anything you say can be used against you in court, so it’s best to consult with a knowledgeable attorney first.
Areas Served
- St. Paul
- Minnetonka
- Bloomington
- St. Louis Park
- Brooklyn Park
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- Rochester
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- Champlin (Incl. Hassan Township)
- New Brighton
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- Carver
- Red Wing
- Hutchinson
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- Shakopee
- Prior Lake
- Jordan
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- Owatonna
Hire an Experienced Drug Charges Lawyer in Minneapolis Today
Being charged with a drug crime does not have to be the end of the world. With Martine Law, you will have an experienced advocate dedicated to defending you from a broken system and getting your life back on track. Contact us today to speak to an Intake Specialist.