In Minnesota, as in many other states, drug possession is a serious crime with serious consequences.
If you are arrested and charged with drug crimes in Minnesota, it can be a confusing and distressing experience. However, if you do find yourself in this situation, getting a good criminal attorney on your side to help formulate a robust defense is the most important first step.
While every case is different and every defense unique, it’s vital to create a defense that works well for you. Here are some of the most common defenses to Minnesota drug charges.
This can help you gain a deeper understanding of what the right defense for your specific case may be.
Unintentional Possession
In order to be found guilty of possession of a controlled substance, you must knowingly have had the substance on you to start. In some cases, it’s possible that a person didn’t know they had drugs in their possession – such as being given a package by someone without knowledge of the contents. If you were in that sort of situation and can substantiate the claim that you unknowingly were in possession of drugs, then make sure to let your attorney know. They can decide if it should form a part of your defense.
Lack of Knowledge
If drugs are found on your property, like in your home or vehicle, then it’s assumed that they belong to you as the property owner. However, this doesn’t guarantee that the things on your property belong to you or that you even knew about them, especially if others have access to those places. If you have roommates, guests, or even tenants, then it’s possible to have zero idea of the drugs that they may be keeping. This is a solid defense.
Entrapment
Entrapment refers to the idea that a person wouldn’t have perpetrated a crime on their own if not for the influence or coercion of law enforcement to do so. It’s not unheard of for a person to become involved in a drug crime after being pressured by undercover police to do something they wouldn’t have done on their own.
Drug Addiction
If you are struggling with drug addiction, and that’s the reason underlying the drug crime, then the court may be sympathetic to this. You shouldn’t be afraid to make it a part of your defense. Addicts have a disease, and, because of that, they may not always have control over the actions they take. You can seek help from the courts regarding your drug addiction. Even doing something like voluntary treatment can have a positive impact on the outcome of your case.
Medical Issues
If you have been prescribed a controlled substance legitimately but are charged with possession anyway, then that’s a good defense, as well. Especially if you can show that you had a valid prescription by a certified doctor for the substance, then it’s likely that charges against you will be dismissed.
Framing for Possession
You may think that being framed for a crime is something that only happens in the movies, but the truth is that it happens in real life to real people – quite a bit. Someone else can frame you for possessing drugs, so if you find yourself in these circumstances, then it’s important to let your attorney know. Help them fight for you.
About the Author:
Christopher Keyser is an AV-Preeminent rated criminal and DWI defense attorney based in Minneapolis who is known for fighting aggressively for his clients and utilizing innovative tactics to get the most positive results. He has been featured in numerous media outlets due to the breadth and depth of his knowledge and named a Certified Specialist in Criminal Law by the Minnesota Bar Association. Mr. Keyser is Lead Counsel rated, and he has received recognition for his criminal law work from Avvo, Expertise, Super Lawyers, The National Trial Lawyers, and more.
