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How to Get an Illegal Manufacture of a Controlled Substance Charge Dismissed in Minnesota

The consequences associated with a controlled substance charge vary. In Minnesota, any drug offense is serious, but allegations related to the illegal manufacturing of controlled substances are especially severe. If you are facing these charges, it is understandable to seek a dismissal.

It could be possible to see your charges dismissed without ever having to take your case to trial. However, that does not mean the process is easy. The state will typically refuse to dismiss these charges no matter how weak the evidence against you might be. This makes your choice of a lawyer imperative moving forward.

Our firm knows that following an arrest for the illegal manufacture of a controlled substance, the best possible outcome is the dismissal of the charges against you. We also understand what it takes to secure a fair outcome in a criminal case with serious charges. Reach out to the attorneys of Gerald Miller today to learn more about your options.

The Power to Dismiss Your Controlled Substance Charge Case is Limited in Minnesota

If you’ve been arrested and charged with first-degree sale of a controlled substance in Minnesota, it’s in your best interest to try to get the charges dismissed. A dismissal means that you don’t have to risk being convicted at trial. However, getting your charges dismissed may not be simple. There are only two entities with the power to dismiss your case, and neither of them will do so on a whim.

Prosecution of drug cases is the responsibility of state prosecutors, who have the authority to decide whether or not to pursue a case. While the police may have arrested you, they do not have the power to determine the outcome of your case. It is up to the prosecutor to decide whether to formally charge you with a crime and to pursue those charges in court.

Prosecutors have the right to dismiss a charge, just like they have the power to bring one. However, the state does not typically dismiss charges without good reason. In cases involving serious offenses, such as the illegal manufacture of a controlled substance, it may be necessary to present a strong defense in order to secure a dismissal. An experienced defense attorney could build that defense on your behalf.

The prosecutor is not the only party with the power to dismiss a charge related to the illegal manufacture of a controlled substance. The judge that oversee your case also has the ability to do so. However, a judge will not just decide to dismiss your case on their own. It requires a motion to dismiss from your Minnesota drug attorney to get the court to even consider dismissing the charges against you.

Prosecutors Are Aggressive in Manufacturing Cases

There is no question that the state aggressively pursues drug convictions. This is especially true in cases involving the manufacturing of illegal substances. The state is aggressive in these cases in part due to the high number of drug-related arrests across the state. In 2021, there were more than 20,000 arrests for drug crimes in Minnesota.

It should come as no surprise due to this high volume of arrests that prosecutors face public pressure to secure convictions in manufacturing cases. After all, the manufacturing and sale of controlled substances is tied in some way to every drug case in the state. This aggressive posture makes it difficult to secure a dismissal from the prosecution.

The good news is that difficult does not mean impossible. The right legal team could build a defense that results in the state accepting they do not have enough evidence to convict you should your case go to trial. Despite their preference to secure convictions, prosecutors will often dismiss cases when it is clear they will not be successful.

In order for you to see your case dismissed, it may be necessary for your attorney to file a motion to dismiss. A successful motion requires a strong basis, however. Thankfully, the attorneys of Gerald Miller are ready to help build the right defense in your case.

Securing the Right Defense Strategy in Minnesota

Due to the consequences of a conviction, it is important to try and get your drug manufacturing charge dismissed because being convicted. The jail time associated with a drug felony in Minnesota is typically significant. However, if you are able to avoid a conviction, you will not have to face these penalties. This is why it is worth focusing on getting the charge dismissed by the prosecutor or judge. Some of the defense strategies that could result in a dismissal of the charges against you include:

Lack of Intent

To be convicted of a drug crime involving the manufacture of a controlled substance, the state must prove that you intentionally did so. This means that you cannot be found guilty if you accidentally or unknowingly were involved in the manufacture or cultivation of illegal drugs. It is important to carefully consider all of the evidence in your case and consult with a lawyer to determine the best course of action, as a defense based on the lack of intent is subjective.

Lack of Evidence

In criminal cases, the state bears the burden of proving the defendant’s guilt beyond a reasonable doubt. This means that when a prosecutor charges you with illegally manufacturing a controlled substance, they must present substantial evidence that demonstrates all of the elements of the offense. If the evidence against you is weak, it may be difficult for the prosecutor to meet this burden of proof.

You may feel the urge to build a strong, affirmative defense by proving your innocence. However, a more effective approach in some situations is to challenge the validity of the evidence presented by the prosecution. If the evidence against you is weak or flawed, highlighting these issues may lead to your case being dismissed. Instead of focusing on proving your innocence, your attorney might instead build your case around how the state has failed to prove you have committed a crime.

Unlawful Search or Seizure

It is not uncommon for drug manufacturing charges to be dismissed due to an unlawful search or seizure. The police must have either your permission or a warrant issued by a judge to search your vehicle, home, or person. If they do not have either of these, their search or seizure may be considered unlawful. Any evidence obtained as a result of an illegal search may not be admissible in court. It is important to remember that even if the police suspect you of a drug crime, they do not have the right to search or seize your property without following proper procedures. Their failure to do so could serve as a powerful defense in your case.

Miranda Violation

The law includes safeguards against self-incrimination when you face interrogation from the police. If the police want to interrogate you, they must first read you your Miranda rights. If they do not read you the Miranda warning, anything you say during the interrogation may not be allowed as evidence in court.


Entrapment is a defense that can be used in criminal cases to argue that the accused person was induced or persuaded by law enforcement to commit a crime that they otherwise would not have committed. If this defense is successful, the court will dismiss the charges you face. However, it is not a common defense because it requires showing that law enforcement significantly contributed to the commission of the crime, and that the accused was not predisposed to committing the crime before being approached by law enforcement. The law allows the police to deceive or even aid you in the commission of a crime without reaching the level of entrapment.


Contact Gerald Miller Regarding Your Controlled Substance Charge Case

If you are facing charges of illegally manufacturing a controlled substance in Minnesota, your best possible outcome is having those charges dropped by the state. This outcome might seem like a long shot, but the reality is that prosecutors routinely dismiss cases they do not believe they can win.

The attorneys of Gerald Miller are ready to help you build a winning defense strategy in your case. This starts with a thorough review your case during a free consultation. Reach out right away to schedule your consultation with our firm.

Related Content: How to Get a Possession of Controlled Substance Charge Dismissed in Minnesota?


About the author

Tyler Dahlen

Tyler weaves legal expertise with unwavering compassion in his criminal defense practice. Each case becomes a personal crusade, uncovering the human story beneath the headlines and crafting meticulous strategies that challenge the system and fight for a second chance. His relentless pursuit of justice in even the most complex DWI cases has earned him a reputation as a champion for the underdog, a voice for the unheard, and a beacon of hope in the face of adversity.

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