Legal Question in Criminal Law in Minnesota

Criminal Law about drugs

My son was picked up with 4 ozs of Meth. He was on probation at the time and they held him for violation of probation. He has 90 days for this. They have not charged him with anything else so far. As I understand he could be charged with intent to sell for this large amount. Do they have to charge him with in a certain amount of time or can they hold him for the 90 days while they make their case, and then charge him?


Asked on 3/29/08, 5:23 pm

2 Answers from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

Re: Criminal Law about drugs - probation revo + new charge

If a person commits a new crime, which is also a violatin of a condition of a stayed sentence (probation), then they potentially have two, separate problems. First, is the probation revocation problem. If he has 90 days remaining on a stay of a previous sentence, the court could revoke it all and make him do 90 days (60 with "good time"). If that is the balance of the time on that case, he'd likely be discharged then from that case.

The second problem would be the "new charge." That would likely be a major felony drug case with a potential prison sentence. This would be a much bigger problem, of the two. The shortest statute of limitations I know of for a Minnesota state crime is three years.

Best to get a good criminal defense lawyer involved ASAP.

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Answered on 3/31/08, 7:03 pm
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: Criminal Law about drugs

You are correct that your son can expect very serious criminal charges. It is likely he will be charged with First degree possession with intent to sell. If convicted, the presumptive sentence even with no prior record is twelve years in prison.

The state has plenty of time in which to file charges. the statute of limitations is a matter of years, not months.

Your son should be seeking experienced counsel.

For a consultation call 612.240.8005 or visit criminal-law.tv

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Answered on 3/29/08, 10:43 pm


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