Legal Question in Criminal Law in Minnesota
search warrent
police searched my apartment, had a warrent but person was not here. they took some items of mine and now i'm getting charged with a fifth degree. is that legal? guy is on probation, they would know what he looks like right? he(guy search warrent was for)came into my job while the cops were there to question me after they had raided my place. cops had no clue what he looked like, they let him go??? how do they not know who their looking for? Can I fight the fifth degree?
3 Answers from Attorneys
Re: search warrent
It would seem that you are referring to a fifth degree felony possession of drugs based on your post. If that is correct, it is a very serious felony which is punishable by up to 5 years in prison. As a result, you should seek aggressive representation.
To be charged with possession, you need not own or rent the residence. However, the prosecution would have to prove that you were aware that the illegal contraband was present in the home and that you had the ability to possess it. Often, law enforcement will seize letters, envelopes or bills looking for some documentation with you name on it to indicate that you live at the address where the contraband was found.
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Re: search warrant
Though your question does not clearly state all relevant facts, it sounds like you are saying that your home was searched by police with an arrest warrant for someone else. It is possible there might be defense issues there that would result in the fruits of the search being suppressed as illegally obtained -- but I would need many, many more facts to be able to detemrine that.
And, yes, of course you can and should fight to defend yourself from this, presumably drug charge. A lot is stake for you, your future and that of your family, here. The best way to fight is to get a good criminal defense lawyer. Call me if you'd like to talk about retainer.
Re: search warrent
Fifth Degree what? Controlled Substance Fifth Degree? I would have to examine the case carefully to give you an opinion about the warrant. You can always fight criminal charges and you are presumed innocent until proven guilty.