Legal Question in Criminal Law in Minnesota

1st degree drug charges

My boyfriend got in trouble a year and a half ago, He was charged with 10 first degree drug counts, in Crow Wing County. He is sober and was then, but they are really giving him the book. He has been in trouble in the past, In another state and it was more then 8 years ago. And none of his charges ever have been violent related. What can we expect him to get? Are there chances he could get boot camp, or even probation for 20 years?


Asked on 11/18/06, 2:12 am

1 Answer from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

Re: 1st degree drug charges

The Minnesota Sentencing Guidelines categorize a "Controlled Substance Crime 1st Degree" conviction as a "presumptive commitment" to prison, regardless of criminal history score. The higher the criminal history score, the higher the number of years in prison are "presumed" as a "guidelines sentence."

Your question is posed as a sentencing question, and provides little information -- but, I normally would look at defenses to avoid conviction first, including evidentiary issues. If it does come to sentencing, there is often an opportunity for a viable "motion for downward departure" from the "guidelines presumptive sentence -- but this is quite fact dependent and varies with each individual case.

These questions are best addressed by his lawyer.

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Answered on 11/20/06, 4:28 pm


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