How Severe Are Penalties For Repeat Drug Offenders?
Repeat drug offenders—or even repeat criminal offenders in general—have a greater risk of receiving a felony conviction, and a felony conviction in Minnesota will add points to an individual’s record; the more points someone has, the harsher sentences they will face. For example, a repeat drug offender may face even more time in prison than the mandatory minimum would impose.
What Does The Prosecution Have To Prove In A Drug Possession Case?
In order to prove a possession charge, a prosecutor must prove that the defendant had dominion and control over the controlled substance. In other words, they must prove that the defendant was aware of the whereabouts of the controlled substance and acting in a way such as to prohibit or preclude other people from having accessing to it. If drugs are found in the common area of a home where multiple people live, a prosecutor may charge everyone who had access to that room with joint drug possession.
If Drugs Are Found In A Vehicle, Can Anyone In That Vehicle Be Charged?
If drugs are found in a vehicle, anyone in that vehicle could be charged. However, the driver or registered owner of the vehicle would most likely be charged. These situations are fact-specific in terms of where in the vehicle the drugs were located. For example, if they were found in a backpack in the trunk of the car and the backpack was identified as belonging to one specific passenger, then they wouldn’t likely charge everyone in the car. However, if drugs were found in the center console where anyone in the car could see them, then it’s likely that everyone in the car would be charged.
Additional Information On Drug Possession Charges in Minnesota
It’s important to realize that when someone is initially charged, prosecutor usually won’t have obtained the final chemical test results, which means they will be operating based on the results of the preliminary tests, and preliminary tests can certainly give false positives. If a test result indicates only trace amounts of suspected controlled substance, it may not be worth the prosecutor’s time to obtain confirmation testing, so they will just dismiss or plead down the charges. It is always important to consult with a lawyer, consider all available options, and decide whether pushing the case to trial is necessary in order to receive fair treatment.
For more information on Severity Of Penalties For Drug Possession, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (651) 314-9620 today.
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