Legal Question in Criminal Law in Minnesota
possession
I was charged with a 5th degree sales and 5th degree possession of marijuana if the courts cannot prove sales at a trial should the search warrant be valid . and can I be charged with possession
1 Answer from Attorneys
Re: possession
The question is not clear. If a search warrant is found to be invalid by a judge at a pre-trial evidentiary hearing, then the legal remedy which would follow would be suppression from trial evidence of anything found as a result of the illegal search warrant. Often in illegal contraband possession cases, this is all of the evidence and so all criminal claims end up getting dismissed, at the same time.
On another question, if the government claims an accused person committed a crime of possession and a crime of sale, one possible outcome after a jury trial, among others, could be acquittal of the sales crime and conviction of the possession crime.
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