Legal Question in Criminal Law in Minnesota

Allegedly I was pulled over b/c I had an arrest warrant for a 5th degree controlled substance, yet I was never put infront of a judge for these charges. All the items were found in another mans house, which I never rented or lived there but they claim to have found evidence otherwise. Still they say this gave them the right to lock me up & later bring on new charges of 1st degree posession! Ok, why am I only getting charged w/the 1st degree & NOT the original 5th degree charge How were my rights violated & what court rulings can be used on my behalf?


Asked on 12/03/10, 2:11 pm

1 Answer from Attorneys
Landon Ascheman Ascheman Law

First, I should point out that the State is not required to charge you with every offense that they believe you committed. That, very likely, is the reason you are not also being charged with 5th degree possession.

As for how your rights were violated, that is difficult to tell with such limited information. You will need to have an attorney review your case to determine if what was done was legal, and if not what recourse you have.

In regard to which court ruling can be used on your behalf, again you need to talk to an attorney that handles criminal cases to determine what can be done. Many of these are fact specific and cannot be so easily and simply answered.

If you would like to discuss your case further, feel free to contact our office for a free initial consultation: 612-217-0077

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Answered on 12/09/10, 7:56 am


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