Being arrested for a drug offense in Minnesota is more than just a legal problem—it’s a deeply personal and often life-altering event. Whether you’re facing charges for possession, distribution, or manufacturing, you may be unsure about what lies ahead.
Will you go to jail? Can you fight the charges? Is there any way to protect your record or future?
This guide walks you step by step through what happens after a drug arrest in Minnesota—from the moment you’re handcuffed to the sentencing phase—so you know what to expect and how to respond.
At Martine Law, we defend people just like you every day. And we know that knowledge is power.
Step 1: Arrest and Booking
Most drug charges in Minnesota begin with:
- A traffic stop
- A home or vehicle search
- A controlled buy or sting operation
- An anonymous tip
If police find illegal drugs or paraphernalia, they may immediately arrest you and bring you into custody.
What Happens at Booking:
- You’re fingerprinted and photographed.
- Personal belongings are logged.
- Charges are formally written up.
- You’re placed in a holding cell or jail.
At this point, do not answer questions without your lawyer present. Anything you say can be used in court—even innocent comments can be twisted.
Step 2: First Court Appearance (Bail Hearing)
Within 36 hours (excluding weekends/holidays), you’ll appear before a judge. This is often called a Rule 5 hearing or first appearance.
What Happens Here:
- The judge tells you what charges you face.
- Bail may be set, or you may be released on your own recognizance.
- Conditions of release are reviewed (e.g., no travel, drug testing, no contact with co-defendants).
If this is your first offense, and the charge is for simple possession, you may be released without bail. But if the charges involve distribution or large quantities, the court may impose high bail or even deny release.
Having a criminal defense attorney at this early stage can make a huge difference. They can argue for your release and ensure your rights are protected from day one.
Step 3: Arraignment and Plea
This is your second appearance in most drug cases. At the arraignment:
- You’ll be asked to enter a plea: guilty, not guilty, or no contest.
- Your next court dates will be set.
- The court may modify bail or release conditions.
Most people plead not guilty initially—this preserves your ability to fight the case, examine the evidence, and negotiate a plea deal later.
Step 4: Discovery and Pre-Trial Phase
This is the most critical part of the case for your defense team.
During Discovery:
- The prosecution must share all evidence they have—this includes police reports, lab results, body cam footage, and witness statements.
- Your attorney may file motions—like suppressing evidence that was obtained illegally or dismissing charges that lack probable cause.
- The defense may hire experts to challenge lab findings or police procedures.
- Plea negotiations usually begin.
If your rights were violated say, by an illegal search or a faulty traffic stop—your attorney can move to suppress the evidence. If successful, the charges may be dropped altogether.
Even if you did possess drugs, that doesn’t automatically mean a conviction. The goal during pre-trial is to poke holes in the case, reduce the charges, or negotiate for alternative sentencing.
Step 5: Trial (If No Plea Agreement Is Reached)
If your case isn’t resolved through a plea deal, it moves to trial—either by jury or judge (bench trial).
Here’s what you can expect:
- Jury selection: Both sides help choose who will hear the case.
- Opening statements: Each side outlines their version of events.
- Evidence presentation: Witnesses, lab reports, body camera footage.
- Closing arguments and jury instructions.
- Verdict: Guilty or not guilty.
If the jury finds you not guilty, you walk free and your case is closed.
If you’re found guilty, the next phase is sentencing—where your attorney can still fight for a fair and reduced penalty.
Drug Charges in Minnesota: Types and Severity
Minnesota divides drug offenses into five degrees, ranging from low-level possession to major trafficking operations.
Fifth-Degree Drug Charge (MN Stat. § 152.025)
- Typical for first-time possession of small amounts.
- Up to 5 years in prison and $10,000 in fines.
Fourth-Degree Drug Charge (MN Stat. § 152.024)
- Possession with intent to sell or possession near schools/parks.
- Up to 15 years in prison and $100,000 in fines.
Third-Degree Drug Charge (MN Stat. § 152.023)
- Larger amounts (10+ grams) or sale to a minor.
- Up to 20 years and $250,000.
Second-Degree Drug Charge (MN Stat. § 152.022)
- Possession of 25+ grams of narcotics or 6+ sales in 90 days.
- Up to 25 years and $500,000.
First-Degree Drug Charge (MN Stat. § 152.021)
- 50+ grams of heroin, meth, or cocaine.
- Up to 30 years and $1 million.
You can read the full statutes on the Minnesota Revisor of Statutes site.
How Minnesota Sentencing Guidelines Work
Minnesota uses a sentencing grid that takes into account:
- The severity of your charge (1st–5th degree).
- Your criminal history score (based on past convictions).
- Aggravating or mitigating circumstances.
For example:
- A first-time offender convicted of Fifth-Degree Possession may receive probation instead of jail.
- A person with multiple prior felonies facing a Second-Degree charge could face mandatory prison time.
Your attorney can argue for a “dispositional departure” (probation instead of prison) or a “durational departure” (shorter sentence than guidelines suggest), especially if you’re entering treatment or cooperating with the court.
Perfect! Here is the remaining 1,500+ words — Part 2 — of the same blog, written in seamless continuation from the first section:
Common Defenses to Drug Charges in Minnesota
Not all drug arrests lead to convictions. In fact, a well-prepared legal defense can result in a reduction—or even dismissal—of the charges.
Here are the most effective legal defenses that your attorney might use:
🔹 Illegal Search and Seizure
If police searched your person, vehicle, or property without a valid warrant or probable cause, any evidence they obtained could be suppressed. Under the Fourth Amendment, you’re protected from unreasonable searches. If the court rules the search unlawful, the entire case might fall apart.
🔹 Lack of Knowledge or Possession
The prosecution must prove that you knew the drugs were in your possession. If they were found in a shared space (e.g., glove box, apartment drawer, friend’s backpack), it may be hard to prove ownership or intent. This defense is common in cases involving multiple passengers or roommates.
🔹 Chain of Custody Issues
The state must maintain an unbroken chain of custody from seizure to courtroom. If the evidence was mishandled, mislabeled, or lost during processing, your attorney can question its validity and seek to have it excluded.
🔹 Entrapment
Entrapment occurs when law enforcement induces or pressures someone into committing a crime they otherwise wouldn’t commit. While rare, it’s a possible defense in cases involving undercover officers or sting operations.
🔹 Prescription Defense
In cases involving prescription medications, showing that you had a valid prescription (even if not carried properly) may help reduce or dismiss the charge.
Drug Court and Diversion Programs: An Alternative to Jail
Minnesota offers several alternative sentencing options for eligible defendants—especially first-time offenders and those with addiction issues.
Adult Drug Court
Drug courts focus on rehabilitation rather than punishment. Participants undergo:
- Frequent drug testing
- Weekly court check-ins
- Treatment programs
- Employment or education requirements
If you complete the program successfully, your charges may be reduced or dismissed entirely.
Learn more about Minnesota Drug Courts here.
Diversion Programs
Some counties offer pre-trial diversion for low-level drug offenses. These programs typically involve:
- Substance abuse evaluation
- Community service
- Education classes
If completed successfully, your case never goes to trial, and you avoid a criminal conviction altogether.
Stay of Adjudication and Probation
If you’re not eligible for diversion or drug court, your attorney may negotiate a Stay of Adjudication, where you plead guilty, but the court delays entering a conviction while you complete probation.
If you successfully complete probation:
- No conviction goes on your record.
- You may become eligible for expungement later.
Probation conditions typically include:
- Random drug testing
- No new offenses
- Completing a treatment program
- Regular meetings with a probation officer
Sentencing Outcomes: What Are the Possibilities?
If you’re convicted of a drug offense in Minnesota, sentencing can vary widely based on the type of charge, your criminal history, and the judge’s discretion.
Sentencing May Include:
- Jail or prison time
- Probation
- Fines and court fees
- Chemical dependency treatment
- Community service
- Forfeiture of property or vehicles involved in the offense
Your attorney’s role at sentencing is crucial. They can present:
- Evidence of your commitment to recovery
- Letters of support from employers or family
- Completion of treatment or education programs
- Lack of prior offenses
This can encourage the judge to issue a lenient or alternative sentence.
Life After Conviction: What’s at Stake?
Even after completing your sentence, a drug conviction can impact multiple areas of your life:
🚫 Employment
Many employers conduct background checks. A conviction may disqualify you from jobs in education, law enforcement, health care, or government.
🚫 Housing
Landlords can legally deny applications from individuals with criminal records—especially drug convictions.
🚫 Immigration
For non-citizens, even a minor drug conviction can lead to:
- Deportation proceedings
- Inadmissibility to the U.S.
- Denial of a green card or visa renewal
Martine Law works closely with immigration attorneys when needed to protect your status.
🚫 Driver’s License
If the drug charge involved a motor vehicle (e.g., DWI + drug possession), you may face license suspension or revocation by the Minnesota Department of Public Safety.
Can You Seal Your Record? (Expungement in Minnesota)
Yes, Minnesota allows expungement (sealing your criminal record) in many drug-related cases.
You may qualify if:
- You completed a stay of adjudication or diversion program.
- You’ve had no new charges for 2–5 years depending on the severity.
- The offense is not a violent felony.
Benefits of Expungement:
- Employers and landlords won’t see your case.
- Easier access to housing and employment.
- Peace of mind and a fresh start.
Find expungement information at LawHelpMN
Real Case Example: From Charges to Clean Slate
Let’s consider Jason (name changed), a 22-year-old college student charged with Fifth-Degree Possession after being stopped with unmarked pills in his car. His case seemed open-and-shut, but Martine Law quickly got to work.
Here’s what we did:
- Discovered the traffic stop lacked proper cause.
- Filed a motion to suppress evidence.
- Negotiated a Stay of Adjudication.
- Helped Jason enroll in a treatment program and finish his degree.
Result? Jason avoided a conviction and is now eligible for expungement. His future stayed on track because he had legal guidance from day one.
Frequently Asked Questions (FAQs)
Q: Will I go to jail for a first-time drug charge?
Not necessarily. If it’s a low-level charge (like simple possession), and you have no criminal history, you may qualify for probation, diversion, or a stay of adjudication.
Q: How long will this stay on my record?
Without expungement, a conviction may remain visible indefinitely. But you can apply for expungement 2–5 years after the case is closed, depending on the charge.
Q: What if the drugs weren’t mine?
Your attorney can argue lack of knowledge or possession, especially if the drugs were found in a shared space.
Q: What happens if I violate probation?
The court can revoke probation and send you to jail or prison for the remaining time. However, judges often provide a warning or additional requirements before doing so—especially for first violations.
Q: Can I travel while on probation?
It depends on your release conditions. Some probation allows in-state travel, but out-of-state or international travel usually requires court approval.
Why Choose Martine Law?
A drug charge in Minnesota can take away your freedom, your future—and your peace of mind. But it doesn’t have to end in devastation.
At Martine Law, we help Minnesotans:
- Suppress illegally obtained evidence
- Negotiate reduced charges
- Explore treatment-focused alternatives
- Avoid jail time when possible
- Protect immigration status
- Seal records through expungement
We provide legal support in both English and Spanish, and we treat your case like it’s our own. When you hire us, you get more than a lawyer, you get a fierce advocate on your side.
📞 Contact us today for a free consultation and take back control of your future.