Drug Possession Attorney Serving
the Twin Cities & Surrounding Areas
Drug possession charges range from misdemeanor level offenses to felony level offenses. The severity level of offense is determined by either the amount of drugs in possession or the type of drug that is possessed. The police and prosecution devote a tremendous amount of time, money, resources and effort into prosecuting these types of cases in the court system.
Type of Drug Determines Severity
Misdemeanor level offenses are punishable by a maximum of 90 days in jail and/or a $1,000 fine. If a person is charged with 5th Degree Possession (5 years and/or $10,000 fine) it can be charged as a felony if the drug in possession is of a certain drug.
Drugs are categorized into Schedules and if drugs are on certain schedules they are considered more serious. For example, cocaine, methamphetamines, mushrooms, heroin are classified as felonies if possessed while marijuana is only a felony for possessing a certain amount or for sale.
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Case Analysis Is Critical
Whenever a case is analyzed it is critical to know details about the reason you were approached by police, what procedures the officer(s) used during the seizure and subsequent arrest, what is contained in your prior criminal/traffic history, did the officer read you your Miranda rights when you were arrested, were you allowed to contact an attorney and many other variables.
I also need to examine the police report in detail after I have met with you to complete the analysis. It is important to have both views of the case prior to developing a strategy with regard to your case.
Diversion Is Possible
It is very important to have legal representation since these are very serious types of cases. With a competent attorney, it is sometimes possible to resolve the case with an agreement that provides for diversion. A diversionary result allows the person charged to never have a conviction as long as certain conditions are met during the term of probation. If convicted the Court may require jail time, fines, treatment or education for alcohol or drugs, restrictions on gun privileges, DNA testing, no use of alcohol or drugs, continued contact with probation, etc.