Drug charges are serious crimes in Minnesota. While there is a wide range of severity, they are almost always felony level offenses carrying a risk of prison time. On top of that, they are considered “crimes of violence”, which will take away your gun rights, negatively impact immigration cases, and could impact your ability to find housing or work. Drug convictions can also negatively impact family court proceedings as well.

Drug charges can reduced dramatically or even beaten completely. Hiring a skilled defense attorney will increase your chances at mitigating or outright beating a drug charge. Here are five strategies an attorney might be able to use in your case.

Bad tipster.

Many drug charges start with a tip. For example, a neighbor calling about a car hanging out at the park across the street for too long. Information from a citizen tipster can give police enough probable cause to investigate.

But, tips can be challenged for their reliability and veracity. Or, your individual connection to the tip may be too attenuated.This means a lawyer can question whether the police were justified in investigating drug activity based on the information provided and the characteristics of the caller, if known.

Unreliable or biased confidential informant.

Police frequently use undercover buyers and informants to find drugs. Confidential informants are often paid and/or working to get a reduction of their own pending criminal charges—meaning they can have a strong bias. Sometimes, a confidential informant becomes so unreliable that any search based on their information is no longer justified.

Lack of aggravating factors.

While everyone wants to beat every case, the unfortunate reality is that not all cases are beatable. The best outcome might be a reduction in charges with little or no prison time. One way to get charges reduced is to fight the “aggravating factors” involved.

For example, the presence of a gun “within immediate reach” of the person or an “accomplice” during the possession or sale of methamphetamine can increase the severity of a charge. The definition of immediate reach and accomplice can both be critical. Both can be fought.

Other aggravating factors could be the presence of a school, park, public housing, or treatment zone; possession or sales occurring across three of more Minnesota counties; or possessing or selling drugs for the benefit of a gang. These factors can all be disputed and could result in significant reductions in the amount of prison time on the line.

Diversion and treatment options.

Many times courts are willing to consider diversion and treatment based programs for drug offenders. Courts understand that many people caught up with sale or possession charges are themselves using controlled substances. If the underlying use can be treated, then everyone is better off. Your attorney can help you make the best argument for diversion and find treatment programs that are acceptable to the court.

Unconstitutional stops, seizures, and search warrants.

The United States and Minnesota Constitutions protect people’s privacy rights by prohibiting unreasonable searches and seizures. A successful challenge to a stop, seizure, or search warrant should result in suppression of any evidence or drugs. No evidence, no charges.

Beating the warrant is, in many cases, the strongest defense to a drug charge. The best defense attorneys will be well versed in the current case law and will know how to spot a weak warrant or expose an unconstitutional stop.

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If you or someone you know is facing drug charges in Minnesota, don’t wait to get the legal help you need. Contact McKinney Defense today by calling (612) 300-1208 or filling out our online form to schedule a FREE consultation. Let me fight for your rights and help you take the first step toward fair representation.

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