It is a crime in the State of Minnesota to be found to be in possession of a controlled or illegal substance. The punishment for such crimes can range from relatively minor to spending decades behind bars. If you are charged and convicted of drug possession, you will likely face serious harm to your life beyond the potential jail time, all reasons why it is crucial to retain the services of an experienced Minnesota criminal defense attorney.
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Know your rights.
What is drug possession?
Though the law in Minnesota makes clear that it is illegal to possess illicit or controlled substances, not all instances of drug possession are treated equally. Instead, a variety of factors can impact the severity of potential punishment. These factors include the type of drug you are found to possess, the amount of the drug and even the location of possession itself.
To convict someone of drug possession, prosecutors have to demonstrate that the alleged offender possessed a specific drug. However, it is important to understand that such possession can be actual, meaning that the person had the drug on his or her person, or constructive. Constructive possession refers to instances where you may not have had drugs directly on you, but instead where the drugs were in areas that you control, such as a bedroom closet or glove box of your vehicle. If this can be proven, you can be convicted of possession.
Penalties
Obviously, the penalties associated with a Minnesota drug possession charge will increase depending on the amount and kind of drugs a person is accused of possessing. The following list is a good example of what these possible penalties are:
- First Degree – Maximum of 30 years in prison, up to $1 million in fines, or both
- Second Degree – Maximum of 25 years in prison, up to $500,000 in fines, or both
- Third Degree – Maximum of 20 years in prison, up to $250,000 in fines, or both
- Fourth Degree – Maximum of 15 years in prison, up to $100,000 in fines, or both
- Fifth Degree – Maximum of 5 years in prison, up to $10,000 in fines, or both
Consequences of drug possession conviction
Beyond the legal consequences, such as time in prison or serious fines, those convicted of drug possession charges face serious harm outside of the legal system. Drug offenders often face discrimination with regard to employment opportunities, struggling to get and hold work. Drug offenders also face trouble when it comes to securing housing, receiving an education and many other things that most people take for granted.
Given the severe consequences for those facing charges of drug possession, it is critical that you reach out to an attorney with the experience to handle such complex criminal matters. Remember that no matter how serious the charges, you are not without hope and that a skilled legal defense can be mounted on your behalf. If you or someone you know is dealing with a drug possession case and is in need of advice, don’t hesitate to call the Kans Law Firm today at (952) 835-6314 for a free consultation.
