Minnesota Drug Crime Defense Lawyer
A drug charge is a serious offense that can have grave consequences ranging from huge fines, forfeiture of property and years in prison. If a person has been charged with possession of an illegal drug, it is imperative that he or she contact an experienced Minnesota Drug Possession Attorney to discuss their legal options.
Brent has been named a Minnesota Super Lawyer and a Minnesota Attorney of the Year in 2010. He was also presented the "Never Forgotten Award" by the Minnesota Innocence Project. Brent earned these awards through working hard for each of his clients. He is also a former prosecutor and knows how the state builds a drug case against someone. Brent has used this knowledge in successfully defending clients through attacking search warrants and the reasons behind the initial search. An aggressive and well-conceived legal strategy can often result in a dismissal of your drug charge or at a minimum, a reduced charge and consequence. Contact Brent today for a free initial consultation.
All searches are highly regulated by our Federal and Minnesota Constitutions as well as our courts. The State and Federal constitutions protect you against unreasonable searches of your person and seizure of your property. Police must have probable cause/reasonable basis to search you or to get a search warrant to search your home or business. The information provided to a judge during a warrant request must be recent and accurate. If the warrant was obtained by telephone, the manner in which the police obtained the search warrant from the judge is another crucial element that must be investigated and examined.
A violation of any of these rights often results in the suppression of the evidence found during the search. Often this is the only evidence the state as against you and without it, the case must be dismissed or significantly reduced.
Automobile searches are also subject to the same probable cause rules. Use of drug dogs and other invasive search methods must be carried out with respect to your constitutional right to be free from unreasonable searches and seizures. The type and weight of a possessed drug often determines the ultimate drug charge and sentence. With so much on the line, do not rely upon what the state tells you the substance is or the weight. These issues must be independently verified through private weighing and testing.
If you or a loved one has been charged with a drug offense, call Brent Schafer at 612-940-0129 or Toll Free at 1-877-880-9900. He can help you today. Call now for a free consultation!
A Minnesota drug possession attorney can provide legal help for the following crimes:
- Possession
- Manufacturing
- Sale
- Possession of Paraphernalia
- Driving Under the Influence of Drugs
- Other Criminal Violations
In some cases, an individual can be arrested for drug possession without actually having custody of the drug; instead, if an individual has drug paraphernalia, any product or material that is found within the paraphernalia can used to support a drug charge. Possession of equipment that can be used for producing, concealing, or using narcotics can lead to a drug charge. In fact, a person can be charged with intent to sell drugs simple based upon the amount of the substance found in their possession.
If you have been arrested for a drug crime, it is important that you hire a Minnesota Drug Possession Attorney who has the knowledge and experience that is needed to ensure that you receive a fair trial in Minnesota.
Brent Schafer is a Minnesota drug possession lawyer prepared to defend all drug charges including:
- CONTROLLED SUB. CRIME IN THE FIRST DEGREE
- CONTROLLED SUB. CRIME IN THE SECOND DEGREE
- CONTROLLED SUB. CRIME IN THE THIRD DEGREE
- CONTROLLED SUB. CRIME IN THE FOURTH DEGREE
- CONTROLLED SUB. CRIME IN THE FIFTH DEGREE
In most cases, when a person is convicted of a drug crime, it will stay on his or her record forever. This can make it difficult to obtain employment or other positions and benefits in their life. However, depending on the case, there are ways Brent can help you to get a drug charge reduced or even dismissed. Don't wait until it is too late. The police and the prosecutors are working hard to obtain information to use against you.
Brent S. Schafer is a former county attorney and has practiced criminal law for over 17 years. He has represented clients in 58 of Minnesota's 82 counties. There is no distance to great or criminal charge too petty to undertake. He is willing to speak with you 7 days a week, 24 hours a day, if necessary. He accepts all major credit cards. You will find his fees to be reasonable and competitive with other quality criminal defense firms in the area.
Have you or a loved on been arrested for a crime relating to drugs in Minnesota? If so, contact Brent S. Schafer today! All initial telephone consultations are free. Call 612-940-0129 or Toll free 877-880-9900.
Brent Schafer practices in the following: Hennepin County, Ramsey County, Washington County, Dakota County, Scott County, Anoka County, Isanti County, Pine County, Chisago County, Goodhue County, Winona County, Wabasha County, Rice County, Houston County, Olmsted County, Fillmore County, Mower County, Freeborn County, Martin County, Jackson County, Nobles County, Rock County, Pipestone County, Murray County, Cottonwood County, Dodge County, Steele County, Waseca County, Blue Earth County, Brown County, Redwood County, Nicollet County, Lyon County, Lincoln County, Yellow Medicine County, Renville County, Lac Qui Parle, Chippewa County, McLeod County, Carver County, Wright County, Meeker County, Kandiyohi County, Sherburne County, Benton County, Sterns County, Pope County, Douglas County, Grant County, Stevens County, Swift County, Big Stone County, Traverse County, Wilkin County, Otter Tail County Todd County, Morrison County, Mille Lacs County, Carlton County, Aitkin County, Crow Wing County, Sibley County, Wadena County, Cass County Hubbard County, Becker County, Clay County, Norman County, Cook County, Lake County, St. Louis, Itasca County, Koochiching County, Beltrami County, Lake of the Woods County, Mahnomen County, Roseau County, Kittson County, MArshall County, Polk County, Pennington County, Red Lake County, Kanabec County and Faribault County.
152.021 CONTROLLED SUBSTANCE CRIME IN THE FIRST DEGREE.
Subdivision 1. Sale crimes.
A person is guilty of controlled substance crime in the first degree if:
(1) on one or more occasions within a 90-day period the person unlawfully sells one or more mixtures of a total weight of ten grams or more containing cocaine, heroin, or methamphetamine;
(2) on one or more occasions within a 90-day period the person unlawfully sells one or more mixtures of a total weight of 50 grams or more containing a narcotic drug other than cocaine, heroin, or methamphetamine;
(3) on one or more occasions within a 90-day period the person unlawfully sells one or more mixtures of a total weight of 50 grams or more containing amphetamine, phencyclidine, or hallucinogen or, if the controlled substance is packaged in dosage units, equaling 200 or more dosage units; or
(4) on one or more occasions within a 90-day period the person unlawfully sells one or more mixtures of a total weight of 50 kilograms or more containing marijuana or Tetrahydrocannabinols, or one or more mixtures of a total weight of 25 kilograms or more containing marijuana or Tetrahydrocannabinols in a school zone, a park zone, a public housing zone, or a drug treatment facility.
Subd. 2. Possession crimes.
A person is guilty of a controlled substance crime in the first degree if:
(1) the person unlawfully possesses one or more mixtures of a total weight of 25 grams or more containing cocaine, heroin, or methamphetamine;
(2) the person unlawfully possesses one or more mixtures of a total weight of 500 grams or more containing a narcotic drug other than cocaine, heroin, or methamphetamine;
(3) the person unlawfully possesses one or more mixtures of a total weight of 500 grams or more containing amphetamine, phencyclidine, or hallucinogen or, if the controlled substance is packaged in dosage units, equaling 500 or more dosage units; or
(4) the person unlawfully possesses one or more mixtures of a total weight of 100 kilograms or more containing marijuana or Tetrahydrocannabinols.
Subd. 2a.Methamphetamine manufacture crime.
(a) Notwithstanding subdivision 1, sections 152.022, subdivision 1, 152.023, subdivision 1, and 152.024, subdivision 1, a person is guilty of controlled substance crime in the first degree if the person manufactures any amount of methamphetamine.
Subd. 3.Penalty.
(a) A person convicted under subdivisions 1 to 2a, paragraph (a), may be sentenced to imprisonment for not more than 30 years or to payment of a fine of not more than $1,000,000, or both.
(b) If the conviction is a subsequent controlled substance conviction, a person convicted under subdivisions 1 to 2a, paragraph (a), shall be committed to the commissioner of corrections for not less than four years nor more than 40 years and, in addition, may be sentenced to payment of a fine of not more than $1,000,000.
(c) In a prosecution under subdivision 1 involving sales by the same person in two or more counties within a 90-day period, the person may be prosecuted for all of the sales in any county in which one of the sales occurred.
152.022 CONTROLLED SUBSTANCE CRIME IN THE SECOND DEGREE.
Subdivision 1. Sale crimes.
A person is guilty of controlled substance crime in the second degree if:
(1) on one or more occasions within a 90-day period the person unlawfully sells one or more mixtures of a total weight of three grams or more containing cocaine, heroin, or methamphetamine;
(2) on one or more occasions within a 90-day period the person unlawfully sells one or more mixtures of a total weight of ten grams or more containing a narcotic drug other than cocaine, heroin, or methamphetamine;
(3) on one or more occasions within a 90-day period the person unlawfully sells one or more mixtures of a total weight of ten grams or more containing amphetamine, phencyclidine, or hallucinogen or, if the controlled substance is packaged in dosage units, equaling 50 or more dosage units;
(4) on one or more occasions within a 90-day period the person unlawfully sells one or more mixtures of a total weight of 25 kilograms or more containing marijuana or Tetrahydrocannabinols;
(5) the person unlawfully sells any amount of a Schedule I or II narcotic drug to a person under the age of 18, or conspires with or employs a person under the age of 18 to unlawfully sell the substance; or
(6) the person unlawfully sells any of the following in a school zone, a park zone, a public housing zone, or a drug treatment facility:
(i) any amount of a Schedule I or II narcotic drug, lysergic acid diethylamide (LSD), 3,4-methylenedioxy amphetamine, or 3,4-methylenedioxymethamphetamine;
(ii) one or more mixtures containing methamphetamine or amphetamine; or
(iii) one or more mixtures of a total weight of five kilograms or more containing marijuana or Tetrahydrocannabinols.
Subd. 2. Possession crimes.
A person is guilty of controlled substance crime in the second degree if:
(1) the person unlawfully possesses one or more mixtures of a total weight of six grams or more containing cocaine, heroin, or methamphetamine;
(2) the person unlawfully possesses one or more mixtures of a total weight of 50 grams or more containing a narcotic drug other than cocaine, heroin, or methamphetamine;
(3) the person unlawfully possesses one or more mixtures of a total weight of 50 grams or more containing amphetamine, phencyclidine, or hallucinogen or, if the controlled substance is packaged in dosage units, equaling 100 or more dosage units; or
(4) the person unlawfully possesses one or more mixtures of a total weight of 50 kilograms or more containing marijuana or Tetrahydrocannabinols.
Subd. 3. Penalty.
(a) A person convicted under subdivision 1 or 2 may be sentenced to imprisonment for not more than 25 years or to payment of a fine of not more than $500,000, or both.
(b) If the conviction is a subsequent controlled substance conviction, a person convicted under subdivision 1 or 2 shall be committed to the commissioner of corrections for not less than three years nor more than 40 years and, in addition, may be sentenced to payment of a fine of not more than $500,000.
(c) In a prosecution under subdivision 1 involving sales by the same person in two or more counties within a 90-day period, the person may be prosecuted for all of the sales in any county in which one of the sales occurred.
152.023 CONTROLLED SUBSTANCE CRIME IN THE THIRD DEGREE.
Subdivision 1. Sale crimes.
A person is guilty of controlled substance crime in the third degree if:
(1) the person unlawfully sells one or more mixtures containing a narcotic drug;
(2) on one or more occasions within a 90-day period the person unlawfully sells one or more mixtures containing phencyclidine or hallucinogen, it is packaged in dosage units, and equals ten or more dosage units;
(3) the person unlawfully sells one or more mixtures containing a controlled substance classified in Schedule I, II, or III, except a Schedule I or II narcotic drug, to a person under the age of 18;
(4) the person conspires with or employs a person under the age of 18 to unlawfully sell one or more mixtures containing a controlled substance listed in Schedule I, II, or III, except a Schedule I or II narcotic drug; or
(5) on one or more occasions within a 90-day period the person unlawfully sells one or more mixtures of a total weight of five kilograms or more containing marijuana or Tetrahydrocannabinols.
Subd. 2. Possession crimes.
A person is guilty of controlled substance crime in the third degree if:
(1) on one or more occasions within a 90-day period the person unlawfully possesses one or more mixtures of a total weight of three grams or more containing cocaine, heroin, or methamphetamine;
(2) on one or more occasions within a 90-day period the person unlawfully possesses one or more mixtures of a total weight of ten grams or more containing a narcotic drug other than cocaine, heroin, or methamphetamine;
(3) on one or more occasions within a 90-day period the person unlawfully possesses one or more mixtures containing a narcotic drug, it is packaged in dosage units, and equals 50 or more dosage units;
(4) on one or more occasions within a 90-day period the person unlawfully possesses any amount of a Schedule I or II narcotic drug or five or more dosage units of lysergic acid diethylamide (LSD), 3,4-methylenedioxy amphetamine, or 3,4-methylenedioxymethamphetamine in a school zone, a park zone, a public housing zone, or a drug treatment facility;
(5) on one or more occasions within a 90-day period the person unlawfully possesses one or more mixtures of a total weight of ten kilograms or more containing marijuana or Tetrahydrocannabinols; or
(6) the person unlawfully possesses one or more mixtures containing methamphetamine or amphetamine in a school zone, a park zone, a public housing zone, or a drug treatment facility.
Subd. 3. Penalty.
(a) A person convicted under subdivision 1 or 2 may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $250,000, or both.
(b) If the conviction is a subsequent controlled substance conviction, a person convicted under subdivision 1 or 2 shall be committed to the commissioner of corrections for not less than two years nor more than 30 years and, in addition, may be sentenced to payment of a fine of not more than $250,000.
(c) In a prosecution under subdivision 1 or 2 involving sales or acts of possession by the same person in two or more counties within a 90-day period, the person may be prosecuted in any county in which one of the sales or acts of possession occurred.
152.024 CONTROLLED SUBSTANCE CRIME IN THE FOURTH DEGREE.
Subdivision 1. Sale crimes.
A person is guilty of controlled substance crime in the fourth degree if:
(1) the person unlawfully sells one or more mixtures containing a controlled substance classified in Schedule I, II, or III, except marijuana or Tetrahydrocannabinols;
(2) the person unlawfully sells one or more mixtures containing a controlled substance classified in Schedule IV or V to a person under the age of 18;
(3) the person conspires with or employs a person under the age of 18 to unlawfully sell a controlled substance classified in Schedule IV or V; or
(4) the person unlawfully sells any amount of marijuana or Tetrahydrocannabinols in a school zone, a park zone, a public housing zone, or a drug treatment facility, except a small amount for no remuneration.
Subd. 2. Possession crimes.
A person is guilty of controlled substance crime in the fourth degree if:
(1) the person unlawfully possesses one or more mixtures containing phencyclidine or hallucinogen, it is packaged in dosage units, and equals ten or more dosage units; or
(2) the person unlawfully possesses one or more mixtures containing a controlled substance classified in Schedule I, II, or III, except marijuana or Tetrahydrocannabinols, with the intent to sell it.
Subd. 3. Penalty.
(a) A person convicted under subdivision 1 or 2 may be sentenced to imprisonment for not more than 15 years or to payment of a fine of not more than $100,000, or both.
(b) If the conviction is a subsequent controlled substance conviction, a person convicted under subdivision 1 or 2 shall be committed to the commissioner of corrections or to a local correctional authority for not less than one year nor more than 30 years and, in addition, may be sentenced to payment of a fine of not more than $100,000.
152.025 CONTROLLED SUBSTANCE CRIME IN THE FIFTH DEGREE.
Subdivision 1.Sale crimes.
(a) A person is guilty of a controlled substance crime in the fifth degree and if convicted may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both if:
(1) the person unlawfully sells one or more mixtures containing marijuana or tetrahydrocannabinols, except a small amount of marijuana for no remuneration; or
(2) the person unlawfully sells one or more mixtures containing a controlled substance classified in Schedule IV.
(b) Except as provided in paragraph (c), if a person is guilty of a controlled substance crime in the fifth degree and the conviction is a subsequent controlled substance conviction, the person convicted shall be committed to the commissioner of corrections or to a local correctional authority for not less than six months nor more than ten years and, in addition, may be sentenced to payment of a fine of not more than $20,000 if:
(1) the person unlawfully sells one or more mixtures containing marijuana or tetrahydrocannabinols, except a small amount of marijuana for no remuneration; or
(2) the person unlawfully sells one or more mixtures containing a controlled substance classified in Schedule IV.
(c) Prior to the time of sentencing, the prosecutor may file a motion to have the person sentenced without regard to the mandatory minimum sentence established by paragraph (b). The motion must be accompanied by a statement on the record of the reasons for it. When presented with the motion, or on its own motion, the court may sentence the person without regard to the mandatory minimum sentence if the court finds, on the record, substantial and compelling reasons to do so.
Subd. 2. Possession and other crimes.
(a) A person is guilty of controlled substance crime in the fifth degree and if convicted may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both if:
(1) the person unlawfully possesses one or more mixtures containing a controlled substance classified in Schedule I, II, III, or IV, except a small amount of marijuana; or
(2) the person procures, attempts to procure, possesses, or has control over a controlled substance by any of the following means:
(i) fraud, deceit, misrepresentation, or subterfuge;
(ii) using a false name or giving false credit; or
(iii) falsely assuming the title of, or falsely representing any person to be, a manufacturer, wholesaler, pharmacist, physician, doctor of osteopathy licensed to practice medicine, dentist, podiatrist, veterinarian, or other authorized person for the purpose of obtaining a controlled substance.
(b) Except as provided in paragraph (c), if a person is guilty of a controlled substance crime in the fifth degree and the conviction is a subsequent controlled substance conviction, the person convicted shall be committed to the commissioner of corrections or to a local correctional authority for not less than six months nor more than ten years and, in addition, may be sentenced to payment of a fine of not more than $20,000 if:
(1) the person unlawfully possesses one or more mixtures containing a controlled substance classified in Schedule I, II, III, or IV, except a small amount of marijuana; or
(2) the person procures, attempts to procure, possesses, or has control over a controlled substance by any of the following means:
(i) fraud, deceit, misrepresentation, or subterfuge;
(ii) using a false name or giving false credit; or
(iii) falsely assuming the title of, or falsely representing any person to be, a manufacturer, wholesaler, pharmacist, physician, doctor of osteopathy licensed to practice medicine, dentist, podiatrist, veterinarian, or other authorized person for the purpose of obtaining a controlled substance.
(c) Prior to the time of sentencing, the prosecutor may file a motion to have the person sentenced without regard to the mandatory minimum sentence established by paragraph (b). The motion must be accompanied by a statement on the record of the reasons for it. When presented with the motion, or on its own motion, the court may sentence the person without regard to the mandatory minimum sentence if the court finds, on the record, substantial and compelling reasons to do so.
If you have been charged with a drug crime, you may be unsure whether you should hire a Minnesota criminal defense attorney. Brent Schafer is an experienced Minnesota Drug Possession Lawyer who can answer your questions, prepare a thorough defense, and help ease your mind as your case moves through the complex legal system. Call 651-209-1919 or Toll Free at 1-877-880-9900 today for a free consultation regarding your case. Have you been accused or convicted of a drug crime in Minnesota? If so, contact an experienced Minnesota Drug Crime Lawyer today!