Legal Question in Criminal Law in Minnesota

Penalty for first time offender percocet possession


Asked on 5/21/11, 2:07 pm

2 Answers from Attorneys

Michael Kemp MET Law Group, PLLC

The penalty for drug crimes varies depending on the amount of the controlled substance involved and, to some extent the circumstances surrounding the case. The range of punishments for a conviction vary from probation or treatment (for first time offenders with a small amount of controlled substances) to the possibility of a long prison term (unlikely for first-time offenders, but possible if there are aggravating factors and large quantities of a controlled substance). I would strongly recommend that you not post any details here but contact an attorney, especially if charges have already been filed.

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Answered on 5/21/11, 2:45 pm
Maury Beaulier612.240.8005 Minnesota Lawyers

There are many different degrees for drug offenses. The severity of the penalty depends on the degree of the offense. The degree is determined based upon the amount of the drug involved. With percocet, the charge will be a felony offense where even under a fifth degree offense may carry with it penalties of up to 5 years in prison.

Civil penalties may also apply. Police authorities make money by confiscating your property. If you were arrested for drug offenses, property can be seized. This includes cash that the person may have had with them, vehicles they may have been using or even homes where drug offense are alleged to have occurred. The evidence will be held without releasing it so long as there is an ongoing investigation. Often, prosecutors will attempt to forfeit the property permanently. It is often possible to file a lawsuit seeking the return of your property.

The collateral consequences of a conviction are also severe. Even a minor drug offense conviction may result in the inability to work in certain fields. For example, a drug conviction can disqualify a person from ever working in the health care field in almost any capacity. It may also impact employment in many other careers, particularly jobs that require a background check or security clearance. Background checks may also be performed for those seeking to rent a residence. A conviction may result in a denial. Finally, a conviction for a drug offense can have a significant impact on immigration and, in some instance, may result in deportation for non U.S. citizens.

Given the significant impact of drug offenses, consulting with experienced legal counsel is imperative at an early stage so that all defenses can be explored and evidence challenged. Obviously, there are many defenses to such a charge and clearly aggressive representation is necessary to avoid or reduce potential penalties. Often, the defenses do not becoem apparent ntil all facts are reviewed and complete discovery is provided.

For a FREE consultation call 612.240.8005.

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Answered on 5/23/11, 3:58 pm


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