Heroin is perhaps one of the most addictive drugs currently on the market, and its abuse is once again climbing. Law enforcement and legislators alike are not blind to this fact, and they treat the drug accordingly. If you are accused of heroin possession in the state of Minnesota, there’s a good chance that you are scared—and rightfully so. Fortunately, we may be able to help.
Minnesota is known for having tough drug laws. Possession of heroin is a serious felony charge, no matter how much you are accused of possessing. This means you are facing serious prison time and hefty fines if convicted.
No criminal defense attorney can guarantee results, but they can promise to work tirelessly towards a positive resolution of your case.
Minnesota Heroin Possession Penalties
Possession of heroin is a felony charge, no matter how much you are caught with. But the amount you are caught with can determine the charge you face and the potential sentence. This table shows the maximum penalties allowed under the law:
|Fifth Degree Possession||Less than 3 grams||Up to 5 years and $10,000 in fines|
|Third Degree Possession||3- 5.9 grams||Up to 20 years and $250,000 in fines|
|Second Degree Possession||6- 24.9 grams||Up to 25 years and $500, 000 in fines|
|First Degree Possession||25 grams or more||Up to 30 years and $1 million in fines|
Ref: Minnesota Statute §152.02
Drug Possession Charges – The Evidence Against You
The physical evidence in a heroin possession case is what often seals your fate. But, because there are many laws protecting your rights and dictating how this evidence must be handled, there are sometimes opportunities for your attorney to argue that the evidence be suppressed.
If it can be shown that your rights were violated in the search or that the evidence wasn’t properly handled, there may be cause to have your case thrown out completely.
In many cases, a plea agreement is the best option for everyone involved. This is true if you admit some level of wrongdoing but want to avoid the worst possible penalties. Often, especially if this is your first offense, you can avoid prison time with a plea agreement. The terms of the agreement will be based on a variety of factors including the facts of your case, the prosecutor working on it, and your criminal history.
Minnesota Drug Courts
In the state of Minnesota, there are drug courts designed to help people stay off of drugs after being charged with crimes like heroin possession. These courts combine drug treatment with probation to keep you out of prison.
The best defense strategy for your particular case depends on the circumstances that led to your arrest, among other things. Working with a local attorney to develop this strategy begins with a consultation. Call today to discuss your case.