From simple possession to trafficking, our Mankato drug crime defense
attorneys challenge every piece of evidence and protect your constitutional
rights.
Drug charges in Minnesota carry severe penalties that can include lengthy prison sentences, massive fines, and a criminal record that affects every aspect of your life. If you are dealing with charges for possession, sale, manufacturing, the prosecution will bring significant resources to bear against you. You need an equally determined defense.
At Birkholz Law, our criminal defense attorneys have successfully defended clients against all types of drug charges throughout Southern Minnesota. We understand the science behind drug testing, the constitutional requirements for searches and seizures, and the procedural rules that police and prosecutors must follow. When those rules are violated, we fight to have evidence suppressed and charges dismissed.
Minnesota’s drug laws are complex, with penalties varying based on the type and quantity of controlled substance, the circumstances of the offense and the defendant’s criminal history. Our attorneys will explain exactly what you are facing and develop a strategic defense plan for your specific situation.
Minnesota classifies drug offenses into five degrees under Minn. Stat. §§ 152.021 through 152.025, with penalties based on the type and quantity of the controlled substance involved. First-degree drug crimes (Minn. Stat. § 152.021) involve the sale of 17 grams or more of cocaine or methamphetamine, 50 grams or more of a narcotic other than heroin or 50 kilograms or more of marijuana. Penalties include up to 30 years in prison and a $1,000,000 fine.
Second-degree drug crimes (Minn. Stat. § 152.022) involve the sale of 3 grams or more of cocaine or methamphetamine, 10 grams or more of a narcotic or 25 kilograms or more of marijuana. Penalties include up to 25 years in prison and a $500,000 fine. Third-degree drug crimes (Minn. Stat. § 152.023) involve the sale of a narcotic or possession of 3 grams or more of a narcotic, with penalties of up to 20 years in prison and a $250,000 fine.
Fourth-degree drug crimes (Minn. Stat. § 152.024) involve the sale of a Schedule I, II or III controlled substance (other than marijuana) or possession with intent to sell, with penalties of up to 15 years in prison and a $100,000 fine. Fifth-degree drug crimes (Minn. Stat. § 152.025) involve possession of a Schedule I, II, III or IV controlled substance, with penalties of up to 5 years in prison and a $10,000 fine.
Many drug cases begin with a traffic stop, a search of a home or a search of a vehicle. The Fourth Amendment protects you from unreasonable searches and seizures. If police violated your constitutional rights in obtaining evidence, that evidence may be suppressed under the exclusionary rule, meaning it cannot be used against you at trial. Without the drug evidence, the prosecution’s case often collapses entirely.
Our attorneys careful ly review every aspect of how evidence was obtained in your case. We challenge illegal traffic stops where officers lacked reasonable articulable suspicion, warrantless searches of homes and vehicles, improperly executed search warrants, searches that exceeded the scope of consent, and prolonged traffic stops that violated the Rodriguez v. United States time limitation. This aggressive approach has resulted in dismissed charges and favorable outcomes for many of our clients.
We also challenge the use of drug-sniffing dogs, confidential informants and surveillance techniques. In Minnesota, the use of a drug dog to sniff the exterior of a vehicle during a traffic stop requires reasonable articulable suspicion of drug activity, a higher standard than in some other states. If the dog sniff was not properly justified, the evidence it led to may be suppressed.
Minnesota’s marijuana laws have undergone significant changes. Adults 21 and over may legally possess up to 2 ounces of marijuana flower in public and up to 2 pounds at home. However, there are still many ways to face criminal charges related to marijuana, including possession of amounts exceeding legal limits, sale without a license, possession by individuals under 21, driving under the influence of marijuana and possession on federal property.
Minnesota’s marijuana laws have undergone significant changes. Adults 21 and over may legally possess up to 2 ounces of marijuana flower in public and up to 2 pounds at home. However, there are still many ways to face criminal charges related to marijuana, including possession of amounts exceeding legal limits, sale without a license, possession by individuals under 21, driving under the influence of marijuana and possession on federal property.
Minnesota offers drug treatment courts and alternative sentencing programs that focus on rehabilitation rather than incarceration. These programs can be an excellent option for individuals struggling with substance abuse who are facing drug charges. Successful completion of a drug court program can result in reduced charges, dismissed cases or significantly reduced sentences.
Blue Earth County and other Southern Minnesota counties have established drug court programs that provide intensive supervision, regular drug testing, counseling and treatment services. Our attorneys know which programs are available in each county and can advocate for your participation when it is in your best interest.
Additionally, Minnesota’s stay of adjudication provisions (Minn. Stat. § 152.18) allow first-time drug offenders charged with fifth-degree possession to have their case stayed, meaning that if they successfully complete probation, the charges are dismissed and the case can be sealed. Our attorneys pursue this option aggressively for eligible clients.
A college student is driving back to Mankato from a concert in the Twin Cities with two friends. They get pulled over for a broken taillight in a small town in Le Sueur County. The officer says he smells marijuana and asks to search the car. The driver, nervous and not knowing his rights, consents to the search. In the trunk, the officer finds a backpack containing several small baggies of marijuana, a digital scale and a significant amount of cash. The student claims the backpack isn’t his, but since it’s in his car, he is arrested and charged with a third-degree controlled substance crime for possession with intent to sell.
This young man now faces a felony charge, all because he didn’t understand that he had the right to refuse the search of his vehicle. He also made the common mistake of talking to the police without an attorney present, trying to explain his way out of the situation, which only made things worse. He is now terrified of being expelled from college, losing his financial aid and having a felony record that will follow him for the rest of his life. His parents are equally distraught and have no idea how to handle system.
An experienced criminal defense attorney would immediately challenge the legality of the traffic stop and the subsequent search. The attorney would file a motion to suppress the evidence, arguing that the officer did not have probable cause to search the vehicle. The attorney would also interview the other passengers in the car and investigate the ownership of the backpack. By building a strong defense and negotiating with the prosecutor, the attorney could potentially get the charges reduced or even dismissed, protecting the student’s future.
A Minnesota drug conviction carries consequences that extend far beyond the courtroom and potential jail time. A felony drug conviction can make it incredibly difficult to find safe and affordable housing. Many landlords and property management companies conduct criminal background checks and will deny rental applications based on a drug offense. This can lead to housing instability and limit your options to less desirable neighborhoods. A conviction can also impact your ability to obtain federal housing assistance, creating a significant barrier for low-income individuals and families.
Employment opportunities can also be severely limited by a drug conviction. Many employers, especially in fields that require licensing or security clearances, will not hire individuals with a drug-related offense on their record. This can make it challenging to find a job that matches your skills and experience, leading to underemployment and financial hardship. A conviction can also result in the loss of a professional license, such as a nursing or teaching license, effectively ending your career in that field.
A drug conviction can also have a significant impact on your civil rights. Under both federal and Minnesota law, a felony conviction will result in the loss of your right to own or possess a firearm. This can be a significant loss for individuals who hunt or own firearms for personal protection. A drug conviction can also affect your ability to receive federal student aid, making it more difficult to pursue higher education. For non-citizens, a drug conviction can have devastating immigration consequences, including deportation, even for legal permanent residents.
Finally, a drug conviction can have a profound impact on your family life. A conviction can be used against you in child custody proceedings, potentially limiting your ability to see your children. It can also strain relationships with family members and create a sense of shame and isolation. The financial and emotional stress of a drug conviction can take a heavy toll on families, making it difficult to move forward and rebuild your life.
“If the drugs were found in my car but aren’t mine, I can’t be charged.” This is a common and dangerous myth. Under Minnesota law, prosecutors can use the doctrine of “constructive possession” to charge you. This means if you had knowledge of the drugs and they were in a place under your control, such as your car or your room, you can be convicted even if you didn’t physically possess them. The state must prove you exercised dominion and control over the area where the drugs were found, a concept litigated in cases like *State v. Florine*.
“A first-time drug offense is just a slap on the wrist.” While a first-time offense for a very small amount of marijuana might not result in jail time, this is not true for most other controlled substances. Even a fifth-degree possession charge under Minn. Stat. § 152.025 is a felony, carrying up to five years in prison and a $10,000 fine. For more serious drugs like heroin, methamphetamine or cocaine, even a first offense can lead to significant prison time, especially if aggravating factors are present.
“If I cooperate with the police and become an informant, the charges will automatically be dropped.” Law enforcement may promise leniency in exchange for your cooperation, but these promises are often not binding and can be misleading. Acting as a confidential informant is a dangerous and complex process with no guaranteed outcome. It is critical to never agree to this arrangement without an experienced attorney to negotiate the terms and ensure your interests are protected in a formal, written agreement.
“The police can search my car whenever they want during a traffic stop.” This is false. The U.S. and Minnesota Constitutions protect you from unreasonable searches. Police need probable cause to believe your vehicle contains evidence of a crime to conduct a warrantless search. You have the right to refuse to consent to a search of your vehicle. If police conduct an illegal search, a skilled attorney can file a motion to have any illegally obtained evidence thrown out of court.
When you are facing a drug charge in Minnesota, you have fundamental rights protected by both the United States and Minnesota Constitutions. The Fourth Amendment protects you from unreasonable searches and seizures. This means that law enforcement officers cannot search your person, your home or your vehicle without a warrant, probable cause or your consent. In the context of a traffic stop, an officer must have a reasonable, articulable suspicion of criminal activity to expand the scope of the stop beyond the initial traffic violation, as established in *Terry v. Ohio*. If evidence is obtained in violation of your Fourth Amendment rights, it may be suppressed and inadmissible in court.
Another critical right is the Fifth Amendment right to remain silent and the right to an attorney. You are not required to answer questions from law enforcement officers, and you should never speak to the police about a criminal investigation without an attorney present. Anything you say can and will be used against you. The landmark case of *Miranda v. Arizona* requires that you be informed of these rights upon being taken into custody. Politely invoking your right to remain silent and requesting an attorney is the most important step you can take to protect yourself.
Under Minn. Stat. § 152.18, some individuals charged with certain first-time, non-violent drug offenses may be eligible for a stay of adjudication and dismissal of charges upon successful completion of probation. This is often referred to as a “152.18 discharge.” This statutory right allows a person to avoid a permanent conviction on their record. An experienced attorney can evaluate your case to determine if you qualify for this favorable outcome and negotiate with the prosecutor to secure it.
Furthermore, you have the right to challenge the evidence against you. This includes the right to confront and cross-examine witnesses, the right to an independent analysis of the alleged controlled substance and the right to challenge the chain of custody of the evidence. In cases involving confidential informants, you have a right to challenge the informant’s credibility and the basis of their knowledge. These procedural and substantive rights are essential to ensuring a fair trial and holding the prosecution to its burden of proving your guilt beyond a reasonable doubt.
Winning a drug case in Minnesota often comes down to careful examination of the state’s evidence and procedures, and identifying constitutional violations. A primary strategy involves challenging the legality of the initial stop and search. If a police officer did not have a reasonable, articulable suspicion to stop you in the first place, any evidence found as a result of that stop may be suppressed under the exclusionary rule, a principle reinforced in Minnesota by cases like *State v. Diede*. This could involve scrutinizing the officer’s stated reason for the stop, such as a minor traffic violation, to determine if it was merely a pretext to conduct a drug investigation.
Another powerful defense is to challenge the validity of the search itself. If a search was conducted without a warrant, the state bears the burden of proving it fell within a recognized exception to the warrant requirement. For example, in *State v. Gauster*, the Minnesota Supreme Court clarified the limits of the “plain view” doctrine. An attorney can file a motion to suppress evidence by arguing that you did not give valid consent to the search, that the search exceeded the scope of any consent given, or that the police did not have the probable cause necessary to conduct a warrantless search of a vehicle.
Challenging the prosecution’s proof of possession is another key strategy. The state must prove beyond a reasonable doubt that you knowingly possessed the controlled substance. This can be difficult for the prosecution if the drugs were found in a location where multiple people had access, such as a car with several passengers or a common area of a house. This is the concept of “constructive possession,” and a defense attorney can argue that the state has not presented sufficient evidence to link you to the drugs, citing cases like *State v. Harris* to argue the evidence is insufficient.
Finally, technical and scientific defenses can be very effective. This includes challenging the chain of custody of the alleged drugs to ensure the evidence was not tampered with or mishandled. It also involves scrutinizing the laboratory analysis of the substance. The lab report from the Minnesota Bureau of Criminal Apprehension (BCA) can be challenged, and an independent analysis can be requested. An experienced attorney can expose errors in the testing process or the qualifications of the analyst, which can create the reasonable doubt needed to win a case.
Simple possession means having a controlled substance for personal use. Possession with intent to sell means having a controlled substance with the intent to distribute it to others. The prosecution typically proves intent through circumstantial evidence such as the quantity of drugs, packaging materials, scales, large amounts of cash, and communications suggesting sales activity. Our attorneys challenge these inferences and fight to have charges reduced from intent to sell to simple possession when the evidence supports it.
Yes. Minnesota law recognizes the concept of constructive possession, which means you can be charged with drug possession if you had knowledge of the drugs and the ability to exercise control over them, even if they were not physically on your person. However, constructive possession can be difficult for the prosecution to prove, and our attorneys aggressively challenge these cases.
A new drug charge while on probation can result in a probation violation hearing in addition to the new criminal charges. A probation violation can result in the imposition of the stayed sentence from your prior case. Our attorneys handle both the new charges and the probation violation to coordinate the best possible overall outcome.
Yes. Certain drug offenses carry mandatory minimum sentences under Minnesota’s sentencing guidelines. For example, first-degree drug crimes carry a presumptive prison sentence under the guidelines. However, there are departures available, and our attorneys know how to argue for sentences below the guidelines when mitigating factors are present.
In Minnesota, a felony is the most serious type of crime, punishable by more than a year in prison. A gross misdemeanor is a less serious offense, but still carries a potential sentence of up to a year in jail and a $3,000 fine. Many fifth-degree drug charges under Minn. Stat. § 152.025 can be charged as either a felony or a gross misdemeanor, depending on the specific facts of the case and the defendant’s criminal history.
Yes, you can be charged with possession with intent to sell even if you are not caught in the act of selling drugs. The prosecution can use circumstantial evidence to prove intent, such as the quantity of drugs found, the presence of packaging materials like baggies or scales, a large amount of cash, and text messages or other communications that suggest you were involved in drug sales.
Drug courts are specialized court programs designed to handle cases involving non-violent, drug-addicted offenders. The goal of drug court is to provide treatment and supervision to help individuals overcome their addiction and reduce recidivism. Successful completion of a drug court program can result in the dismissal of charges or a reduced sentence. Eligibility for drug court is determined on a case-by-case basis.
” Under Minn. Stat. § 152.02, subd. 2a, a controlled substance analogue is a substance that has a chemical structure substantially similar to a Schedule I or II controlled substance and has a similar effect on the central nervous system. These are often referred to as “designer drugs.” It is illegal to possess or sell controlled substance analogues in Minnesota, and the penalties are often just as severe as for the drugs they mimic.
Yes, a conviction for any drug offense under Chapter 152, including simple possession, will result in the revocation of your driver’s license for at least 30 days, even if the offense did not involve driving. This is a significant collateral consequence that can make it difficult to get to work, school, and other important appointments. An attorney can help you explore options for obtaining a limited license during the revocation period.
The de minimis defense, as outlined in *State v. Scepurek*, argues that the amount of a controlled substance was so small and insignificant that it does not warrant a criminal conviction. While this defense is rarely successful, it can be a viable strategy in cases where only a trace or microscopic amount of a drug was found. It is a complex legal argument that requires a thorough understanding of Minnesota case law.
Your future is at stake. Contact Birkholz Law today to speak with a
drug crime defense attorney in Mankato.
Award-winning law firm serving Southern Minnesota for over 50 years. Dedicated to protecting your freedom, rights and family.
121 St. Andrews Court Mankato, MN 56001
209 Armstrong Blvd South St. James, MN 56081
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