Legal Question in Criminal Law in Minnesota

Re: need some advice

A person convicted of a felony drug crime, who possesed a gun at the time, could be alos charged with a Minnesota Statutes Section 609.11 sentence add-on of either three years or five years minimum additional to the underlying drug offense sentence.

Among possible defenses might be: (1) there was no meth in possession; (2) there is not enough of the suspected substance to be tested and identified as meth; (3) the "old gun" was not a "firearm" since it was inoperable; (4) did not possess the "old gun," or know it was there, belonged to another.

FFI: http://www.liberty-lawyer.com/drugcrimecharges.html

http://www.liberty-lawyer.com/drugcrimecharges/possessiondrugs.html

http://www.liberty-lawyer.com/gunsandfirearms.html

Re: need some advice

A person can be charged with a controlled substance crime in the fifth degree if the person unlawfully possesses one or more mixtures containing a controlled substance classified in schedule I, II, III, or IV, except a small amount of marijuana. This includes a small amount of meth. A person convicted of a fifth degree offense may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.

A weapon charge would certainly raise the potential for an enhanced charge. The usability of the gun may provide a defense depending on the weapon and its condition.

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