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Fighting Marijuana Sales Charges in Minneapolis: Tips from a Defense Attorney

Marijuana sales charges in Minnesota can land you in the Minnesota Department of Corrections for an extended stay. Though the state has legalized recreational marijuana as of August 1st, 2023, selling marijuana without a license remains a major felony.

With time in prison on the line, those charged with Marijuana sales charges need a lawyer who can fight to keep them out of prison. Avoiding a long time inside requires building a strong defense that makes you a difficult target for the prosecution. When their case is shaky, prosecutors are likely to offer a deal that allows you to stay free.

Alternatively, you may have a case that is winnable at trial. Often, much of the evidence the prosecution relies on is flawed, questionable, or even suppressed by the judge. As a result, the state may be unable to meet its burden of proof. A vigorous defense lawyer searches for every flaw in the prosecution’s case and exploits them relentlessly. At the same time, he establishes a defense that a jury is inclined to accept.

Get the representation you need. Your future prospects, including careers, education, and housing, can be negatively impacted by a drug sales conviction. If you or someone you know faces these serious charges, follow the below steps to avail yourself of the best legal position possible:

  • Retain an Attorney Experienced in Marijuana Charges Criminal Defense
  • Understand the Charges and Their Implications
  • Analyze the Evidence
  • Challenge the Evidence
  • Consider a Plea Bargain If the Evidence Is Strong
  • Consider Going to Trial If You Have a Strong Defense
  • Consider Drug Court Eligibility

Tip #1: Retain an Attorney Experienced in Defending Marijuana Sales Charges

Retaining an experienced criminal defense attorney when facing a marijuana sales charge is crucial to establish a winnable defense and successfully challenging the state’s evidence. An experienced attorney understands the implications of the Marijuana sales charges, knows the court system, and can use the nuances of case law that help your cause.

Beyond navigating the legal system, seasoned defense attorneys thoroughly review the prosecution’s evidence for any weakness that helps establish reasonable doubt, such as shoddy police work. For example, they can challenge the legality of search and seizure under the Fourth Amendment, petitioning the court to have the illegal evidence suppressed.

Marijuana defense lawyers also effectively communicate with prosecutors, negotiating plea bargains for lesser charges or reduced sentences. Additionally, they can guide you through diversion programs like drug courts that focus on addiction treatment rather than punishment.

Tip #2: Understand the Charges and Their Implications in Minneapolis

Understanding the specific marijuana sales charges against you is pivotal in navigating the criminal justice process. The class of the felony greatly influences the penalties, which could include incarceration, fines, probation, or forfeiture of property.

For instance, a lesser felony may carry a fine and short prison term, while a higher-class felony could lead to lengthy prison sentences. Additionally, having a drug-related conviction on your record can impact future employment opportunities, housing applications, and educational prospects. By understanding the implications, you can rationalize whether to plea out or demand a trial.

A criminal defense lawyer plays a crucial role in explaining these charges and their implications. They break down the legal jargon into laymen’s terms, informing you of the potential outcomes of your case based on the possible scenarios. This includes explaining the nuances of the law, potential defenses, plea bargain options, and the court process.

Tip #3: Analyze the Evidence

Reviewing the evidence is a precursor to establishing an effective drug sales defense. It involves meticulously examining all the prosecution’s evidence. For instance, the evidence may include items found at the scene, such as marijuana, drug paraphernalia, and cash. A sharp defense lawyer can illustrate when the evidence was obtained illegally or fails to connect his client to any crime.

An experienced defense attorney reviews evidence with a critical, skeptical eye, identifying inconsistencies, inaccuracies, and rights violations. Defense lawyers question the legality and validity of the evidence, asking key questions such as:

  • Was the evidence obtained lawfully?
  • Was there a valid search warrant or reasonable suspicion?
  • Was the chain of custody for the evidence maintained?

If the police obtained evidence illegally, a defense attorney could file a motion to suppress it. If granted, a motion to suppress weakens the prosecution’s case, sometimes fatally. Criminal defense lawyers also scrutinize witness testimonies for credibility and investigate alternative interpretations of physical evidence.

This comprehensive review helps the attorney to construct an effective defense, potentially uncovering grounds for dismissal. In a legal battle, understanding the strengths and weaknesses of the evidence against you can significantly affect your decisions.

Tip #4: Challenge the Evidence

In a marijuana sales case, defense attorneys can challenge the evidence in myriad ways, resulting in its suppression or even dismissal of the case. They might question the accuracy, relevance, or legality of the evidence or whether the correct procedures were followed when it was collected and handled.

One key aspect often challenged is the legality of the search and seizure that led to the discovery of marijuana. This process falls under the protection of the Fourth Amendment of the U.S. Constitution, which guards citizens against unreasonable searches and seizures by law enforcement.

For example, if law enforcement conducted a search of your property without a valid search warrant or without your consent and without any exigent circumstances that would justify a warrantless search, a court could rule the search was a violation of your Fourth Amendment rights.

Courts recognize many exigent circumstances, so a motion to suppress based on the Fourth Amendment is not foolproof. For instance, courts allow evidence from warrantless searches if they are incidental to arrest. This may occur when a suspect is arrested for another offense. Because the police were legally taking the suspect into custody, they had a right to search his person. If they found marijuana in sufficient quantity to justify a drug trafficking charge, they can use it as evidence in court.

Tip #5: Consider a Plea Bargain If the Evidence Is Strong in Minneapolis

If the evidence against a defendant in a marijuana dealing case is strong, it might be wise to consider a plea bargain. A plea bargain involves admitting guilt to a lesser charge or agreeing to plead guilty in exchange for leniency..

A skilled defense attorney plays a pivotal role in this process. He analyzes the strength of the prosecution’s case, the potential penalties, and the chances of acquittal. Defense lawyers weigh these factors against the benefits of a plea agreement. If a plea bargain is the best option, the attorney then engages in negotiations with the prosecutor.

Negotiating an attractive deal requires an understanding of the legal system, the specific case details, and the priorities of the prosecutor. The attorney may argue mitigating factors, such as the defendant’s clean criminal record, his honest character, or the small role in the alleged offense.

The endgame is securing a deal that reduces the charges or the sentence, helping the defendant avoid the most serious consequences of a major-felony conviction.

Tip #6: Consider Going to Trial If You Have a Strong Defense

If a defendant facing a Marijuana sales charge has a strong defense, it may be in his best interest to go to trial. For instance, an entrapment defense can be employed if defendants argue they were induced to commit a crime.

The entrapment defense involves two key elements: law enforcement inducement of the crime and a lack of predisposition on the part of the defendant. In a marijuana dealing case, if a law enforcement officer encouraged or coerced the defendant to sell marijuana when he showed no initial inclination to do so, an entrapment defense might succeed.

For example, imagine Bill, a reformed drug addict, meeting an undercover officer who posed as a drug dealer. He offers Bill a slice of the profits if he helps his operation, but Bill declines, afraid that he could end up back in prison. The undercover officer then tells Bill he needs to make this money, or he won’t be able to pay his hospital bills, implying Bill faces an assault if he continues to refuse.

This is a case of entrapment. Clearly, Bill has no wish to deal drugs, and the undercover officer is putting him in fear to coerce him to comply. Even though the undercover cop’s threat was an empty one, he still entrapped Bill, who had reason to believe he was dealing with someone capable of physically harming him.

This defense strategy should be carefully considered with the help of an experienced attorney. It involves admitting to the act while arguing that the defendant was improperly induced to commit the crime, a line of argument that could backfire.

Tip #7: Consider Drug Court Eligibility in Minneapolis

The State of Minnesota maintains drug courts that offer alternatives to felony convictions and prison sentences. These courts aim to reduce recidivism and substance abuse among nonviolent offenders. Rather than punishment, the offenders receive treatment, mandatory drug testing, and rehabilitation services.

Drug courts operate on the theory that drug addiction is a treatable disease and emphasize medical interventions and rehabilitation. The programs offered through drug courts impose various tools to help keep offenders on the straight and narrow. Sentencing guidelines include mandatory drug testing, probation, mental health counseling, and community service. Drug courts may also require fines and fees.

Facing Marijuana sales charges is a scary prospect, and the outcome of your case can have life-long implications, including a permanent criminal record and prison time. Hiring experienced, vigorous, and aggressive criminal defense lawyers–like those at Gerald Miller, P.A.–significantly increase your chances of a positive outcome.

Talk to an Attorney About Marijuana Sales Charges in Minneapolis

Don’t leave your future to chance. Get the legal support you need to fight the charges against you. To learn more about how we can help you, Contact Gerald Miller, P.A. today. We’re ready to fight for you.

Related Content: Marijuana Charges in Minneapolis: Understanding Your Legal Options


About the author

Kyle Dreger

Kyle Dreger is a skilled DUI/DWI and Criminal Defense lawyer at Gerald Miller P.A. Kyle has received his law degree from the University of St. Thomas School of Law. He is also a professionally trained basketball player.

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