DRUG CRIMES

St. Cloud Drug Attorney

It is an unfortunately common experience for the police to violate the constitutional rights of people who are being investigated for drug charges. We analyze the legality of any search or seizure of drugs. In many cases, a person may submit to a search of his or her person or property, but if the police don’t have probable cause to make the search, then any evidence obtained may be challengeable in court.

If you have been charged with any drug crime, or if you believe that you will be charged, speak with Minnesota drug crimes attorney Wanda Gierman immediately, before you speak to police. She can ensure that your rights are protected. She has handled many drug crimes across Minnesota and knows the best options for reducing the drug charges and in some cases completely dismissed.

First Degree Possession

Possession of a controlled substance in the 1st degree is a serious felony charge that carries as much as 30 years in prison and fines reaching $1,000,000. The following amounts and substances qualify for a 1st degree possession charge:

 

Substance Amount
Cocaine, Heroin, Methamphetamine 25 grams of more
Narcotic other than cocaine, heroin, or meth. 500 grams or more
Amphetamine or hallucinogens 500 grams or more, or 500 or more doses
Marijuana 100 kilograms or more
Second Degree Possession

Second degree possession of a controlled substance is also a felony. This charge carries up to 25 years in prison and fines reaching $500,000.The following amounts and substances qualify as a 2nd degree possession charge:

Substance Amount
Cocaine, Heroin, Methamphetamine 6 grams or more
Narcotic other than cocaine, heroin, or meth. 50 grams or more
Amphetamine or hallucinogens 50 grams or more, or 100 or more dosage units
Marijuana 50 kilograms or more
Third Degree Possession

Third degree possession charges carry up to 20 years in prison and $250,000 in fines. The following amounts and substances qualify as a 3rd degree possession charge if caught in possession on one or more occasions within a 90 day period:

Substance Amount
Cocaine, Heroin, Methamphetamine 3 grams or more
Narcotic other than cocaine, heroin, or meth. 10 grams or more
Narcotics packaged in dosage units (pills for instance) 50 or more dosage units
LSD 5 or more dosage units
Marijuana 10 kilograms or more
Fourth Degree Possession

This is also a felony that carries up to 15 years in prison and fines up to $100,000. If you are caught with 10 or more dosages of a hallucinogen you may face this charge.

 

Fifth Degree Possession

This the least severe of all possession charges, but still carries a sentence of up to 5 years in prison and up to $10,000 in fines. If a controlled substance does not fit within the other categories, you may be charged with this crime.

 

Drug Sales

Manufacturing or selling of illegal drugs is treated seriously like possession, but can have even harsher penalties. There are five degrees of drug sale offenses, each requiring less amount of the drug than possession. Factors also include if the drug was sold to a minor or in a protected zone, such as a school or park.

The consequences of being charged with a drug crime can vary greatly and many cases end with a plea bargain and drug treatment. The judge has discretion of how your specific case is resolved. Wanda Gierman has handed hundreds of drug related cases over her career and knows what to expect and how to move forward with the best resolution. Call her office to set up your free case evaluation.

We look forward to representing you