Legal Question in Criminal Law in Minnesota
My son was just arrested for 1st Degree sale of a controlled substance in Isanti County, MN. Evidently he was the driver and his passenger did the sale. What can I do and what can I expect? He is 24 with no prior record of drug or alcohol offenses.
3 Answers from Attorneys
Even without a criminal record, a conviction for a 1st Degree Controlled Substance offense carries a presumptive prison sentence of 86 months. Depending on the circumstances of your son's situation, there may be several defenses available, including constitutional challenges to the legality of the stop of the vehicle and ensuing search. Please feel free to contact me at 651-222-6603 to further discuss your son's situation.
That is a big question, with little to go on here. Bottom line: get the best defense lawyer you can find to represent him. Whenever I see someone with a clean record, I start with looking at how it can be kept that way.
Under Minnesota Statutes, even without any prior record, the presumptivce (usual) sentence for a conviction for first degree felony possession/sale is 74 to 103 months in prison. Clearly, it is an extremely serious offense which requires aggressive and experienced representation.
The prosecution must demonstrate intent for the offense. In other words, they must show your son had knowledge of the transaction. There may also be a number of other defense related to the stop, search etc...
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