Frequently asked questions about drug charges in Minnesota

Drug charge questions answered by St Cloud Criminal Defense Attorney David Buchin

Minnesota laws can be confusing and being charged with a drug crime can be overwhelming. The following information may help clear up some initial questions. This information will not answer every question, nor will it apply to every case. We are offering this FAQ page as general information. Should you have further questions or care to discuss your case with a professional attorney, please contact Buchin Law Office at (320) 259-7727.

Are the police allowed to search my car in the event of a Drug Arrest?

Police are generally allowed to search any vehicle in which they believe there is evidence of a crime being committed. You never have to give the police permission to search your vehicle without a warrant. It is best to contact a criminal defense attorney anytime your car is subjected to a vehicle search.

What are the different types of drug charges in Minnesota?

The levels of charges in Minnesota regarding drug offenses range from a petty misdemeanor to a felony. A petty misdemeanor is the lowest level of charges available in MN. A petty misdemeanor is not considered criminal and no jail time can be given. Offenses such as possession of a small amount of marijuana and speeding are examples of petty misdemeanors. A misdemeanor is the next highest level of charges possible. These charges are considered criminal and could result in 90 days in jail and/or a $1,000 fine. Possession of marijuana in a motor vehicle and first offense DWI are examples of misdemeanors. A gross misdemeanor is the next highest level of criminal charges in Minnesota. Someone convicted of a gross misdemeanor could face up to 1 year in jail and/or a $3,000 fine. The highest level of criminal charges is a felony. If convicted of a felony there are many consequences. Someone could face more than a year in jail and/or severe fines. They are also unable to serve on a jury, unable to vote, serve in the military or own firearms.

What are the differences between bond and bail?

A bond allows you to get out of jail pending the conclusion of your legal case. If you post bond, you pay 10% of the bail set for you by the judge. You go to a bail bondsman who posts the bail for you and they keep the 10%. If you post bail, you pay the entire amount of the bail set by the judge and get it back after making regular appearances in court and the conclusion of your case.

What are the differences between jail and prison?

Jails are for short term sentences which are usually less than one year. They also are used for people who cannot make bail or who have been recently arrested. Jails are overseen by county officials. Prisons are for long term sentences that are for more than one year in duration and usually serve felons.

Are the police allowed to lie to me when questioning me about my drug charge?

They are legally allowed to tell you lies such as they have evidence against you or witnesses to your crime. They are allowed to use any tactic in order to get you to incriminate yourself.

Am I allowed to talk with my family about my drug offense case?

No. You should not talk to anyone about your case until you have consulted with an attorney.

If I am approached by the police, should I speak with them?

No. You should tell them you want your attorney present and contact one as soon as possible if you have not already done so.

Is there anything I can do to help my drug offense case?

Yes. You can avoid speaking with the police regarding your case. They may seem like they want to help you, but anything you say could potentially be used against you. You should also fully cooperate with your attorney. Your attorney is on your side and needs to know all of the details of your case in order to fully assist you. Your attorney is not there to judge, they are there to help you and are bound by attorney-client privilege.

What if I am arrested for drug charges?

You should not make a statement to the police until you contact an attorney. It is important that you avoid answering questions or making statements without consulting an attorney.

Should I just plead guilty if I am only being charged with a misdemeanor drug offense?

Misdemeanors can damage your record as much as other charges. It is best to contact an experienced attorney that will evaluate your case and give you the best legal advice possible.

Disclaimer: No information provided on this website should be perceived as legal advice. The content of this website is only intended to provide general information. Only the establishment of an attorney-client relationship with Buchin Law Office can lead to the inception of legal advice from any member of the office team.


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