Legal Question in Criminal Law in Minnesota

Ist Degree Meth charge

My husband has gotten himself in 2 ist degree meth charges. One is in Sibley County the other in LeSueur County. He believes the Sibley County one is going to be harder on him because it happened last April and the LeSueur County just recently happened and the law isn't as harsh on addicts now. He had a domestic abuse charge in Nicollet County and the Judge there mentioned how he felt it would be a good thing for him to get sentenced to a rehabilitation facility like Team Challenge. So far he has been offered 43 months from Sibley and LeSueur will drop theirs but he is scared and really wants to know is this a good thing or can he have his charges moved to Nicollet County where he feels he will have a better chance at getting the real help he needs,TREATMENT!!Please advise. Thank-you


Asked on 12/03/03, 9:18 pm

2 Answers from Attorneys

J. Chris Carpenter Harvey and Carpenter

Re: Ist Degree Meth charge

I'm somewhat confused about this sitaution. It sounds like he has

cases pending in three counties, but Nicollet County does not have a

meth charge before it.

I imagine your husband has lawyers in each county. What do they say?

I could see Sibley and LeSueur County doing some 'jurisdictional

horse trading' because they each have a meth charge. But, Nicollet

County has a domestic abuse charge which probably isn't even a

felony.

A defendant can't move cases from one county to another without the

permission of the proseuctors and the court. I don't think the other

prosecutors would agree to move it to Nicollet County, nor do I think

the Nicollet County judge would take it.

By the way, the judge who always sits in Nicollet County has a

reputation of being harsher than the judges in the other two counties.

Bottom line: Talk to your husband's attorney about this.

Herb Kroon

Read more
Answered on 12/05/03, 1:41 pm
Thomas C. Gallagher Gallagher Criminal Defense

Re: Ist Degree Meth charge

I have defended drug cases, where there are two separate incident dates, where we worked out a settlement that included one county dropping all charges (or not filing), in return for a guilty plea in another county. This sort of deal will benefit the defendant by preventing a higher criminal history score in the future, and by making the conviction record look a little cleaner to future employers, etc. But, it is only one aspect of a potential plea bargain, which must be evaluated in light of the strength of the evidence against the defendant (in both cases), and, all of the other terms of the proposed plea bargain (such as executed prison time vs. probation vs. conditions of probation, etc.).

He should discuss this with his defense lawyer.

Read more
Answered on 12/04/03, 12:13 pm


Related Questions & Answers

More Criminal Law questions and answers in Minnesota