Legal Question in Criminal Law in Minnesota

Re: evidence

Thank you for your question. Without knowing many more facts, it is impossible to speculate on the likelihood of a conviction.

I presume your friend has an attoney representing him in this matter, perhaps a public defender. If not, or if he does not qualify for a PD, he should contact an attorney immediately and, in the meantime, not make statements to anyone regarding the case, no matter how much he believes he is helping his case.

Re: evidence

There really is not enough information in your post to answer your question. However I recommend that your boyfriend talk to an attorney immediately. Typically cases are not charged unless a prosecutor thinks he/she can prove the case. Although, there are exceptions.

Re: evidence

There could be some DNA on a pouch (or about anything), but that would not be conclusive proof of "possession." It sounds like it could be evidence that he once touched this pouch, but it does not show that he touched it when it contained contraband. He could have touched the pouch belonging to someone else a year earlier, without knowing that at some later date (or at that time) it might contain contraband.

From your description the case sounds weak. The most common damning evidence is a statement (words) coming from the mouth of the accused. Therefore, the most important thing he can do is retain a good criminal defense lawyer, and say nothing to police except "I have nothing to say. I want my lawyer."