Legal Question in Criminal Law in Minnesota

Re: second degree cocaine felony charge

A person caught with simple possession (as opposed to sale) of eight grams of cocaine would be charged as "controlled substance -- second degree," and carry a maximum penalty of 25 years prison, provided no prior offenses and no gun involved. It is rare to get the statutory maximum, however. The Minnesota Sentencing Guidelines set forth a presumptive sentence for this offense of 48 months in prison, assuming no priors, no gun, etc. The judge could "depart" from that presumptive sentence, either upward in terms of more prison time, or downward in terms of less prison duration or in terms of a probationary (non-"prison") sentence. Depending upon the circumstances and the efforts of the defendant, defense lawyer, prosecutor, court and judge, it may be possible to obtain a result which would not cause a record of criminal conviction, which eventually might be subject to expungement.

You should consult with a lawyer if you are charged with such a crime. You can call me to set up a time for a free office consultation of up to an hour, at (612) 333-1500. See my web site for further information, www.lawyers.com/LibertyDefender

Re: second degree cocaine felony charge

You may receive up top five years in prison under Minnesota Statutes.

However, if you ire a lawyer, it is also quite liekly that you will be paced in a diversion program for drug offenders which may result in NO CRIMINAL RECORD and NO JAIL TIME.

You should always consult with a lawyer in your state. For a FREE consultation, please call 952.831.5000