If you are facing a controlled substance crime it is extremely important that you have an experienced criminal defense attorney with a proven track record in winning criminal cases. Jeff Dean has that record, and he is widely recognized as one of the most successful and respected attorneys in this area of the law. Judges have commended Jeff for his wins and advocacy, and other attorneys often call upon Jeff for his assistance in the evaluation of their client’s cases.
Time and time again, Jeff has won DISMISSALS and NOT GUILTY verdicts for his clients in criminal cases. Jeff has even won in cases where the evidence of guilt seemed overwhelming. In a controlled substance possession case, he won a NOT GUILTY verdict where the police found the drugs in his client’s pocket upon arrest and said the client confessed to them.
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In your case, Mr. Dean will identify the best defense strategy and he will fight to win. He can assert that the state has not proven your guilt beyond a reasonable doubt. In a criminal case, the prosecutor must prove that the defendant is guilty beyond a reasonable doubt. This is a high standard and means that all doubts about the meaning of evidence are to be resolved in your favor. To win your case Mr. Dean need only show that there is a reasonable doubt about your guilt.
Other possible defense strategies are:
- Entrapment;
- Your statements and the evidence cannot be used against you because they were taken and seized in violation of your constitutional rights;
- The prosecutor has not proven the drugs belong to you;
- The drugs were improperly weighed or analyzed.
You are presumed innocent under the law. Because you have been charged with a controlled substance crime does not mean you are guilty.
To protect your future, call Jeff Dean today: (612) 305-4360.
Drug Crimes Information
Drug crimes can involve crack cocaine, marijuana, ecstasy, crystal meth, heroin, or even prescription medication. There are various crimes within the state’s controlled substance laws, all carrying various penalties.
In order to determine the penalty for a specific drug crime, controlled substances are divided into five schedules. The most serious substances are classified as Schedule I drugs, while the least serious substances are classified as Schedule V drugs. In these schedules, the substances are further classified as hallucinogens, opium, heroin, toxic substances, amphetamines, and the like. The severity of the crime will depend on factors such as whether the drug was sold or possessed, how much of it was present, and if the individual had any former drug convictions. The charges and possible conviction will also depend on the type of drug involved.
Under Minnesota Statutes Chapter §152, controlled substance crimes are classified into five categories ranging from Controlled Substance Crime in the First Degree to Controlled Substance Crime in the Fifth Degree.
Controlled Substance Crime in the First Degree
The sale of any of the following is considered controlled substance crime in the first degree:
- At least 10 grams of heroin, cocaine, or methamphetamine
- At least 50 grams of other narcotic drugs
- At least 200 doses of hallucinogens
- At least 50 kilos of marijuana, or 25 kilos in a park, school or public housing zone
The possession of the following is considered controlled substance crime in the first degree:
- At least 25 grams of heroin, cocaine or methamphetamine
- At least 500 grams of other narcotic drugs
- At least 500 doses of hallucinogens
- At least 100 kilos of marijuana
An individual manufacturing any amount of methamphetamine may also be charged with controlled substance crime in the first degree.
Penalties include up to 30 years imprisonment and/or a fine of up to $1,000,000.
Controlled Substance Crime in the Second Degree
The sale of any of the following is considered controlled substance crime in the second degree:
- At least 3 grams of heroin, cocaine or methamphetamine
- At least 10 grams of other narcotic drugs
- At least 50 doses of hallucinogens
- At least 25 kilos of marijuana
- Sale of Schedule I or II narcotic drugs to a person under 18 years of age in a drug treatment center or a park, school or public housing zone.
The possession of the following is considered controlled substance crime in the second degree:
- At least 6 grams of heroin, cocaine or methamphetamine
- At least 50 grams of other narcotic drugs
- At least 100 doses of hallucinogens
- At least 50 kilos of marijuana
Penalties include imprisonment of up to 25 years and/or a fine of up to $500,000.
Controlled Substance Crime in the Third Degree
The sale of any of the following is considered controlled substance crime in the third degree:
- Any quantity of narcotic drugs
- At least 10 doses of hallucinogens
- At least 5 kilos of marijuana
- Sale of any Schedule I or II drugs or marijuana to a person under 18 years of age
- Employment of a person under 18 years of age to sell any amount of heroin or cocaine
The possession of any of the following is considered controlled substance crime in the third degree:
- At least 3 grams of heroin, cocaine or methamphetamine
- At least 10 grams of other narcotic drugs
- At least 10 kilos of marijuana
- At least 5 doses of a Schedule I or II narcotic drugs in a drug treatment center or a park, school or public housing zone
Penalties include up to 20 years imprisonment and/or a fine of up to $250,000.
Controlled Substance Crime in the Fourth Degree
The sale of any of the following is considered controlled substance crime in the fourth degree:
- Any Schedule I, II or III drug (except marijuana)
- Marijuana in a park, school or public housing zone
- Any Schedule IV or V drug to a person under 18 years old or conspiracy for the same
The possession of any of the following is considered controlled substance crime in the fourth degree:
- 10 doses of hallucinogens
- Any quantity of Schedule I, II or III controlled substance with the intent to sell (including GHB, but not including marijuana)
Penalties include up to 15 years imprisonment and/or a fine of up to $100,000.
Controlled Substance Crime in the Fifth Degree
The sale of any of the following is considered controlled substance crime in the fifth degree:
- Any quantity of marijuana over 42.5 grams
- Any Schedule IV drug
The possession of any of the following is considered controlled substance crime in the fifth degree:
- Any amount of Schedule I, II, III or IV drugs, except 42.5 grams or less of marijuana
Penalties include up to 5 years imprisonment and/or a fine of up to $10,000.
The consequences of a controlled substance conviction can be severe. You could be sentenced to imprisonment, large fines, treatment, property forfeiture, and long periods of supervised probation with restrictions on your most basic liberties. To protect yourself against these charges, call Jeff Dean today at (612) 305-4360
