Legal Question in Criminal Law in Minnesota

An adult on probation and on Electronic Home Monitoring has a probation officer that does a spot check right before the 4th of July. The probation officer finds a large sum of money and at the bottom of an old duffle bag stuffed way back in a closet, a scale that has allegedly tested positive for a trace amount of meth. The amount was not measurable so the scale was swabbed. The probation officer is now having the adult charged with 5th degree sale/possession of controlled substance. Can this charge really take root when it was such a small amount? What can the defense be for this case?


Asked on 7/19/10, 4:47 am

2 Answers from Attorneys
Landon Ascheman Ascheman Law

Unfortunately, under Minnesota Statute 152.025 any amount of meth may result in charges of Fifth Degree Possession. The defenses to such a charge depend on the specific facts in the case. Based on the limited facts above, there may be an argument questioning the validity of the meth test, or arguing that such trace amounts should not qualify under the statute, ect.

It is a good idea to consult with an attorney to see what defenses can be raised in this situation. The more information you can provide your attorney, the better their chance to foresee and defend you against these charges.

Landon Ascheman

612-217-0077

www.AschemanSmith.com

Read more
Answered on 7/19/10, 8:59 am
Thomas C. Gallagher Gallagher Criminal Defense

First, there is a different burden of proof in a probation revocation matter vs. a new charge. It is theoretically possible to win the new charge, yet lose the probation revocaiton matter. That can have practical implications on how such a case is best handled.

The description is one of what I call "Trace Amount" drug crime cases. These types of cases can be susceptible to several different defenses. For example, the accused should have the right to independently test the alleged controlled substance. But if there are no alleged illegal drugs to be tested, this could give rise to a defense motion. Another example, if the alleged illegal drugs were not visible to the eye, what other evidence is there of knowing possession. All criminal possession offenses require, at minimum, "knowledge. And so on.

Thomas C Gallagher, Lawyer

Minneapolis Criminal Lawyer

Office: 612-455-6162

Cell: 612-333-1500

Read more
Answered on 7/19/10, 10:03 am


Related Questions & Answers

More Criminal Law questions and answers in Minnesota