Drug Charges2023-03-20T15:33:09+00:00

Drug Charges in Minnesota

Drug Charges, Controlled Substance Offenses

Looking for a drug charges attorney in Minneapolis MN? Attorney Bill Sherry vigorously defends people accused of drug-related crimes or controlled substance offenses in all MN courts. Attorney offices in Apple Valley, Dakota County, Minneapolis, MN.

Drug charges in Minnesota for wrongful possession or sale of street drugs or prescription medicine are called Controlled Substance Crimes. Minnesota law includes five schedules of controlled substances, known as Schedule I, II, III, IV, and V. Drug charges are defined as Controlled Substance Crimes in the First Degree, Second Degree, Third Degree, Fourth Degree and Fifth Degree Controlled Substance Offenses, depending on the type and amount of drug involved, whether the charge is for possession, sale or manufacture, and where the offense occurred, such as in a motor vehicle, school zone, park zone, public housing zone or drug treatment facility.

Most drug crimes are felonies. Many drug charges have mandatory minimum jail sentences and presumptive prison sentences. Felony drug charges can cause harsh and long-lasting consequences for employment, rental qualifications and many other things that involve background checks. In addition to any drugs seized, cash and other property in your possession may also be taken at the time of arrest, and you must initiate a separate court action demanding return of the seized property or risk forfeiture of those items. Because of the strict filing deadlines for forfeiture actions, it is important to contact a skilled criminal defense lawyer like Apple Valley lawyer Bill Sherry as soon as possible.

Defense of drug charges often involves careful review of whether the police properly followed complex search and seizure laws. If drugs were illegally seized, the evidence may be suppressed and the charges dismissed. Minnesota controlled substance laws also allow some drug cases to be resolved with a stay of adjudication where a person is placed on probation without any criminal conviction. After successful discharge from probation in this kind of case, it may be possible to get the criminal court records expunged. People facing drug charges often need advice about whether to get involved in drug treatment. Minnesota lawyer Bill Sherry has experience defending drug charges in Dakota County and throughout Minnesota, and will work with you to get the best possible result.

As an experienced Minnesota criminal defense attorney, Bill Sherry understands that legal problems don’t always happen during ordinary office hours.

If you are facing a legal problem and need to talk with a lawyer right now, call Bill Sherry at 952-423-8423 for a free consultation.

Minnesota Drug Charges FAQ

How do I hire a lawyer?2021-03-30T14:19:48+00:00

When you need to hire a lawyer, it makes sense to meet with the lawyer in person for a free consultation. You need to know whether the lawyer has the knowledge and experience to help you. You need to know what the lawyer can do for you and what that will cost. You need to know whether you can put your trust in the lawyer and feel confident that you will be protected. You can usually trust your instincts. If you don’t feel comfortable and confident that this is the right lawyer for you, then you should keep looking. When you make your decision about who will represent you then you should sign a retainer agreement, which is a contract between you and the attorney that makes it clear what the lawyer will do for you, what it will cost, and how the payments will be made. At that point, the lawyer should take over and handle the case for you. That’s all there is to it.

When should I call?2023-07-18T20:23:41+00:00

Call right now. I might be in court or with another client, so if I’m not available when you call I try to make sure that my voicemail greeting explains my schedule for each day so you know when I will be available. If you miss me, please leave a message and I will return your call promptly. I understand that people normally don’t want a call back from the lawyer tomorrow, they want it today. If you are calling about something that can’t wait for a call back, I make every effort to answer urgent calls personally 24/7.

Daily hours: 6am-10pm, however if you are facing a legal problem that requires immediate attention, call now 952-423-8423.

What does a Criminal Defense case cost?2021-03-30T15:02:46+00:00

The initial consultation is free. It doesn’t cost anything to call and talk about what you need. Because every case and client is different, I will need to know what you need done so I can give you a fair price. I often tell people that if I was a house painter and you wanted to know what it would cost to paint your house I would tell you that I need to see your house first so I can give you a fair price. That’s why I need to talk with you about your case before I can tell you what it will cost. Once you know what I can do for you and what it will cost, then you have the information you need to make a decision. I will never pressure anyone into making the decision to work with me.

What kind of criminal cases do you handle?2021-03-30T14:20:23+00:00

I represent people accused of breaking the law in Minnesota. All criminal charges, all Minnesota counties. With over 30 years of courtroom and trial work I have experience in just about everything.

How do I know if I really need a lawyer?2021-03-30T14:20:33+00:00

If I think you can handle your case without spending money on a lawyer, I’ll tell you that. I would much rather have your loyalty and respect than your fee payment, because loyalty and respect can last a lifetime if you earn it. Give me a call at 952-423-8423 to talk about your situation and it should quickly be clear whether you need a lawyer or not.

How do you handle drug charges in Minnesota?2021-03-30T14:29:29+00:00

Under current law, a person with no prior drug convictions can often avoid severe felony consequences for possession of small amounts of cocaine, methamphetamine, heroin and prescription drugs without a valid prescription. First time drug possession can be charged as a gross misdemeanor if the amount of drugs involved is very small. But charges for possession of larger amounts of illegal drugs are still felonies.

What are the recent changes to Minnesota Drug Possession Laws?2021-03-30T14:29:47+00:00

Effective August 1, 2016, Minnesota laws regarding illegal possession of drugs changed significantly. The laws controlling possession and sale of controlled substances are in Minnesota Statute Chapter 152.

Are first-time drug offenders treated differently Minnesota?2021-03-30T14:21:11+00:00

In many cases, a person charged with illegal drug possession may be eligible for a stay of adjudication under Minn. Stat. 152.18, and thereby avoid being convicted of anything. Under a stay of adjudication, the court can defer prosecution for certain first time drug offenders and not enter a conviction for anything.

Is there help for a driving after revocation charge?2023-05-22T18:27:13+00:00

Yes. While each individual’s situation is unique, recent changes to Minnesota law and the expertise of an attorney can get you driving again. Learn More.

Can a search warrant be challenged?2023-05-22T19:45:43+00:00

Ultimately, it is up to a judge whether evidence was legally obtained. It is important to scrutinize whether there was a valid legal basis for the search warrant. Learn More.

Are garbage searches legal?2023-05-22T19:45:36+00:00

Yes, in some cases, but not in every case. There are instances where police have applied for a warrant after finding evidence and have not followed proper procedure. Learn More.

When is it legal to use a police dog to search for drugs?2023-05-22T19:43:55+00:00

Any use of police dog sniffs to determine the presence of drugs must be supported by reasonable, articulable suspicion of drug-related criminal activity. Learn More.

Can evidence found in a drug sniff be used in court?2023-05-22T19:45:21+00:00

Maybe. Police must have sufficient legal justification to bring a dog in for a search. If certain criteria are not met, any evidence found in the search may be suppressed. Learn More.