Legal Question in Criminal Law in Minnesota

Drug bust

My son was arrested Feb.8th with close to 80 grams of meth. In the paper it said him and another boy were being detained. Feb. 11th the other boy was seen in a motel 125 miles away and was not even in jail. This other boy was in the Twin Cities Feb. 6th or 7th and picked up this meth. and brought it back here, but after he left the guy he bought it from was busted. When he got home he dropped off 7 grams at two different spots and both were arrested right after he left. After that he went to my son's house where he also lived and he talked to my son at 6:00 a.m. then my son was arrested at 7:00 a.m. This kid also had stolen articles my son is being charged with. He is being held on 1,000,000.00 bail.


Asked on 2/15/02, 12:13 am

2 Answers from Attorneys

Maury Beaulier612.240.8005 Minnesota Lawyers

Re: Drug bust

FOR A FREE CONSULTATION CALL US AT 952.831.5000

I agree with Mr. Gallagher. Based on the facts, it sounds like the "other boy" was either a cop or working for the cops.

Methamphetamines are a serious political hot pottato in Minnesota. that means that prosecuters often seek much longer jail sentences in cases where meth sales are involved.

The actual length of a sentence for a drug charge is determined by the defendant's past criminal record. This is called a criminal history score. As a result, the penalties are far more severe for repeat offenders. A Judge may also consider other factors to increase potential jail sentences. For example, a sentence may be increased if the drug offense took place in a school zone or a park zone

For a first degree offense, the following apply:

First Degree

Sale: 10 grams crack. 50 grams cocaine/heroin/methamphetamine. 200 doses hallucinogen. 50 kilos marijuana.

Possession: 25 grams of cocaine, heroin or methamphetamine. 500 grams of other narcotics. 500 doses of hallucinogen. 100 kilos marijuana.

Manufacturing: A person is guilty of controlled substance crime in the first degree if the person manufactures any amount of methamphetamine.

Penalty: A person convicted may be sentenced to imprisonment for not more than 30 years or to payment of a fine of not more than $1,000,000, or both. If the conviction is a subsequent controlled substance conviction, a person convicted under subdivisions 1 to 2a shall be committed to the commissioner of corrections for not less than four years nor more than 40 years and, in addition, may be sentenced to payment of a fine of not more than $1,000,000.

Guidelines: 86 to 146 months.

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Answered on 2/15/02, 5:12 pm
Thomas C. Gallagher Gallagher Criminal Defense

Re: Drug bust

It sounds like you are saying this "other boy" was either a cop or working for the cops. The most important thing your son can do now is speak with a good criminal defense lawyer right away, and retain one as soon as possible (public defender or private). In the meantime he should (1) NOT talk to police, but ask for a lawyer first; and (2) NOT consent to any searches!

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Answered on 2/15/02, 10:25 am


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