Congdon Law. PLLC.

Are Most Drug Charges Bondable Offenses?

In Minnesota, all drug charges are bondable offenses. That means that regardless of what you’re charged with, you should be given the option to post a bail or bond to be released from custody. The amount of the bail or bond is going to depend on several factors, including the level of charge, your criminal history, and whether you have a history of warrants for your arrest. However, every drug offense in the state of Minnesota is bondable.

What Are Controlled Substances Or The Schedules Of Drugs In Minnesota?

Minnesota operates with the same controlled substance schedules that the federal government implements. The schedules are supposed to indicate the toxicity of the individual substances or their addictiveness. The schedules are categorized as one through five.

What Are The Factors That Determine Whether A Drug Charge Will Be Charged At The Misdemeanor Level Or A Felony Level Offense In Minnesota?

The factors that influence the level of a charge in Minnesota for drug offenses will depend on the severity of the crime. For instance, if you’re charged with possession of a small amount of marijuana, that is a petty misdemeanor. That same offense could be elevated to a misdemeanor if you’re charged with a small amount of marijuana that was found in a motor vehicle. You may be charged with a gross misdemeanor offense if you have a minimal quantity of methamphetamine or cocaine, and you do not have any prior drug-related offenses. That same type of offense could also be charged as a felony if you have more than a little bit of methamphetamine or cocaine, or if you have a prior drug offense. The vast majority of drug offenses in Minnesota are felony offenses.

At What Point In A Drug Case Does An Attorney Generally Get Involved Or Hired By A Defendant? Ideally, When Should Someone Hire An Attorney?

Most commonly, a defense attorney gets involved in a case after someone has been arrested and charged with an offense or if a search warrant was conducted at their residence. Usually, I get called after the search warrant was conducted. Ideally, if you know that you are being investigated for any type of offense, you should contact an attorney right away. An attorney can advise you on what to do if there’s a search warrant, how to conduct yourself with law enforcement, and what to say and not say. It is never too late to hire a lawyer to represent you.  Even if you have already been to court and represented yourself, having a trained, experienced lawyer can make a big difference in the outcome of your case.

In Preparing A Defense For My Drug Charge Case, What Is Important Information Or Details That I Should Share With You As My Attorney About The Arrest?

When preparing a defense, it is important to look at the police reports. The police reports are law enforcement’s version of what happened. If the law enforcement officers or agencies involved have body cameras, squad cameras, and/or dash cameras, we would review all of that evidence.  With those things, we would keep the defendant’s perspective on everything in mind. For example, if somebody in a car was acting in a suspicious manner by reaching down their feet, law enforcement often sees that as suspicious and indicative of somebody trying to hide something. However, in that situation, it’s very important to know from the client’s perspective what actually happened in that moment. Often, there’s a very innocent explanation for why somebody needed to reach or move. It may not be anything that’s considered suspicious.

Therefore, it’s very important to compare the client’s perspective of what occurred with what law enforcement said happened. Of course, we check it all against any video evidence to make sure that law enforcement was not exaggerating or misrepresenting what actually happened.

For more information on Drug Charges In Minnesota, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (651)-964-4512 today.

Jennifer Congdon, Esq.

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