How to Get a Drug Trafficking Charge Dismissed in Minnesota
Were you recently arrested for distributing, selling, or processing a controlled substance? If so, it’s critical that you know how to get a drug trafficking charge dismissed in Minnesota.
To get a drug trafficking charge dismissed in Minnesota, a skilled attorney examines evidence for flaws like unlawful searches, lack of probable cause, or prosecutorial misconduct. Presenting strong defenses, negotiating with prosecutors, and filing strategic motions can lead to dismissal.
The penalties are harsh for such a serious criminal offense, so legal help is a top priority. Minnesota drug trafficking defense lawyers apply their knowledge of the laws and advocacy skills to seek the best possible outcome, whether through dismissal or other mitigation strategies. Some information on the laws and defense options is useful as background.
What is Drug Trafficking in Minnesota?
Under Minnesota laws on controlled substances, drug trafficking is defined as the large-scale distribution, manufacturing, or possession with intent to distribute illegal substances. The exact charges depend upon the amount of drugs involved and where the drugs fall on the schedule system of controlled substances in Minnesota.
Drug trafficking differs significantly from simple drug possession, which involves smaller quantities for personal use. It is considered a more severe offense due to the volume of drugs involved and the presumed intent to profit. Knowing this distinction is crucial for defendants and their attorneys when assessing the nature of the charges and potential defenses.
What Are the Penalties for Drug Trafficking in Minnesota?
Minnesota enforces strict penalties for drug trafficking, which depend on the type and quantity of the substance involved. Convictions can result in:
- Long periods of incarceration, either in jail or prison
- Substantial fines
- Permanent criminal record
In addition, trafficking large quantities of Schedule I or II drugs can lead to mandatory minimum sentences. Sentencing guidelines in Minnesota often factor in aggravating circumstances, such as prior offenses or the presence of firearms, increasing the severity of penalties.
Can Drug Trafficking Charges Be Dismissed in Minnesota?
It is possible to dismiss drug trafficking charges in Minnesota under specific circumstances. Initially, you should note that the prosecutor must prove guilt beyond a reasonable doubt, the highest burden in the US judicial system. If there is insufficient evidence to prove intent to traffic or any other element of the crime, you could seek dismissal.
In addition, other factors may lead to the dismissal of charges, such as when:
- Law enforcement violated the defendant’s constitutional rights during the investigation
- Police officers or prosecutors committed critical procedural errors
- Key evidence is determined to be inadmissible
What Are Common Defenses Against Drug Trafficking Charges?
Defendants facing drug trafficking charges in Minnesota can utilize several strategies to fight the allegations. An important tactic will be attacking the prosecutor’s case against you and exposing weaknesses. When there is insufficient evidence to prove guilt beyond a reasonable doubt, you could obtain a dismissal as the prosecutor rests.
In addition, defense strategies may include:
- Illegal Search and Seizure: If law enforcement violated the Fourth Amendment, any evidence obtained may be inadmissible.
- Mistaken Identity: If the accused was wrongly identified, this defense can undermine the prosecution’s case.
- Entrapment: Coercion by authorities to commit trafficking can form a valid defense.
- Lack of Intent: With evidence demonstrating no intent to distribute, you can refute the trafficking charge.
Because defenses are fact-specific, each strategy must be tailored to the specific circumstances of your case. Plus, you must present defenses through the proper procedure and at the right stage of your case.
What Evidence Can Lead to a Dismissal?
Certain types of evidence can play a critical role in getting drug trafficking charges dismissed in Minnesota:
- Invalid Warrants: Evidence gathered without a warrant may be tossed out of court.
- Probable Cause: If they don’t have a warrant, police must have probable cause to make an arrest. There must be reasonable grounds to believe that criminal activity is present.
- Credibility of Witness Testimony: Discrepancies and inconsistencies in witness accounts can weaken the prosecution’s case.
- Laboratory Testing Errors: Mistakes in testing substances can cast doubt on the charges.
- Chain of Custody Issues: Breakdowns in handling evidence may render it inadmissible.
A thorough review of all evidence is vital to identifying weaknesses in the prosecution’s case.
How Does a Lawyer Help Get Charges Dismissed?
A Minnesota criminal defense attorney is invaluable in defending drug trafficking charges because they employ a range of tactics to undermine the prosecution’s case. They can assist with dismissals by:
- Challenging Evidence: A lawyer can attack the validity of evidence through motions to suppress, which are formal requests that the judge toss inadmissible evidence.
- Negotiations: Skilled attorneys negotiate with prosecutors to potentially secure a dismissal, but they can also work out reduced charges and lower penalties.
- Motions to Dismiss: They can file motions to dismiss when procedural errors or legal violations occur. After a successful motion to suppress evidence, it may be appropriate to file a motion to dismiss.
By leveraging their knowledge and experience, attorneys give defendants the best chance of achieving a favorable outcome. However, keep in mind that your lawyer can provide the most effective guidance and support when you reach out as early in the criminal process as possible.
What Are the Benefits of Seeking a Dismissal Over a Plea Bargain?
Pursuing a dismissal offers distinct advantages compared to accepting a plea bargain. A dismissal means the charges are entirely dropped, leaving no criminal conviction or penalties on your record. In contrast, a plea bargain often requires admitting guilt to lesser charges. You may still face punishment like jail, fines, or probation.
Plus, there can be collateral consequences that affect your life in the long term, such as with:
- Employment opportunities
- Professional and business licensing
- Housing
- Immigration
Dismissal eliminates the charges entirely, removing any lasting legal consequences. Reduced charges, while less severe, still result in a conviction. They will still appear on a background check and follow you in life. For individuals in Minnesota, dismissal is the often ideal outcome to protect various financial, personal, and professional interests.
What Happens If Drug Trafficking Charges Are Not Dismissed?
Without dismissal, the focus shifts to mitigating penalties. There are still other outcomes that you could leverage to your advantage. It may be possible to work out reduced charges with the prosecutor, which is a possibility when the government’s evidence is weak. Through a plea bargain, you might negotiate reduced charges, a lenient sentence, or both.
In addition, Minnesota offers diversion programs that can help mitigate penalties for certain non-violent drug offenses. These programs often involve completing substance abuse programs at a drug treatment facility, community service, or probationary periods. Upon completion of the program, the charges may be dismissed.
What Are the Steps to Take After a Drug Trafficking Charge?
After a drug trafficking arrest in Minnesota, it is crucial to remain calm and take specific steps to protect your legal rights.
- Cooperate with law enforcement officers and never resist arrest.
- Request to consult with a criminal defense attorney before answering any questions.
- Exercise your right to remain silent.
- Documenting the circumstances of the arrest, including any potential law enforcement misconduct.
- At your first opportunity, collect evidence and note any witnesses that could support your case.
Step #2 is important to avoid self-incrimination during a drug trafficking arrest. You should remain silent and do not volunteer information beyond basic identification, even if you want to state your innocence. It’s critical that you politely decline to answer questions without legal counsel present. Statements made to law enforcement can be used against you in court, even if they seem harmless.
Can Prosecutorial Misconduct Lead to a Dismissal?
Yes, misconduct by the prosecution can be grounds for dismissal of drug trafficking charges in Minnesota. Misconduct occurs when a prosecutor violates ethical standards or legal procedures, such as:
- Withholding exculpatory evidence that proves innocence
- Improperly handling evidence
- Presenting false information
- Coercing witnesses
If prosecutorial misconduct affects your case, there are legal procedures to address the issue and remedy it in court. A skilled attorney can identify and expose instances of prosecutorial misconduct to seek dismissal, which typically starts by filing a series of motions in court.
Contact a Minneapolis Drug Trafficking Lawyer Today
A drug trafficking arrest in Minnesota is a serious matter that demands immediate legal attention. Gerald Miller, P.A., has the experience and dedication to help you build a strong defense and explore every possible avenue for dismissal. Protect your future by contacting a criminal defense lawyer for a free consultation today.
Call 612-341-9080 to schedule your free, no obligation consultation. Our team is ready to provide the guidance you need to review your options and take the right steps forward in your case.
Related Content:
- Will Pending Criminal Charges Show Up in a Background Check in Minnesota?
- What Does Disposition Mean in a Criminal Case in Minnesota?
- Fighting Minneapolis Marijuana Drug Crime Charges in Court
- How Much Jail Time for a Felony Drug Charge in Minnesota?
FAQs About Drug Trafficking Charges in Minnesota
How long is a sentence for drug trafficking?
Sentencing guidelines and mandatory minimums often apply, making it essential to have an experienced attorney to seek reduced penalties or dismissal.
What does it mean to be charged with drug trafficking?
What is a felony drug charge in Minnesota?
For instance, possessing more than a certain amount of cocaine, methamphetamine, or heroin can lead to a felony charge. Felony drug charges are categorized into degrees based on the substance type and quantity involved.
What is 3rd degree drug possession in MN?
Possessing 10 or more doses of hallucinogens or a small amount of methamphetamine with evidence of intent to sell can result in a third-degree charge. Convictions may lead to penalties such as up to 20 years in prison and substantial fines, making legal representation critical.
