The so-called “war on drugs” is not nearly as intense now as it was in the late twentieth century. But the government has by no means raised the white flag. Police and prosecutors are still quite aggressive in this area.
The good news is that many Crow Wing County jurors now see drugs as a health and safety issue as opposed to a criminal law issue. Therefore, it’s easier for a Brainerd drug crime lawyer from Carlson & Jones to successfully resolve these charges, especially possession charges.
Generally, these offenses go to a specific drug court. Prosecutors and court personnel receive special training in drug cases. As a result, defendants usually have more options than they would have in a traditional court.
Simple possession accounts for over 80 percent of all drug cases in Minnesota. That’s partially because many police officers believe these charges are easy to prove in court. But that is not true. Crow Wing County prosecutors must establish all three elements of possession beyond a reasonable doubt. These elements are:
Frequently, officers find drugs in a car and arrest everyone in the car for possession. These charges normally do not hold up in court, especially if the drugs were in the glove compartment and the defendant was in the back seat.
Normally, these cases are much more serious than possession cases. They usually hinge on circumstantial evidence or search warrant issues.
If officers arrest people for possession, they often look for additional evidence, such as baggies, scales, money, or guns, so they can upgrade the charges to drug trafficking. But there is often little relationship between a gun in the basement and drugs in the living room.
Frequently, drug trafficking charges involve long, multi-agency investigations which rely, at least to an extent, on an informant’s information. Often, by the time the investigation ends, officers are so anxious to make an arrest that they take illegal shortcuts or use information provided by an unreliable or biased informant.
Weaknesses like these could prompt a Crow Wing County judge to throw the drug trafficking case out of court.
Charged with a Drug Crime? Speak to a Brainerd Drug Crime Attorney Today
All criminal charges are serious, and they are all defensible. Drug crimes are now treated as a health and safety issue, which is why it has become easier to defend these charges. If you’ve been involved in a drugs-related crime, get in touch with us for competent legal representation. For a free consultation with an experienced Brainerd drug crime lawyer, contact Carlson & Jones, P.A. at (218) 736-9429. Home and jail visits are available.
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