Facing felony drug charges in Minnesota is a tough prospect. One of the first questions many people ask is whether it’s possible to get their charges dropped. The answer depends on several legal, procedural, and personal factors.
How Minnesota Treats Felony Drug Charges
There are five degrees of drug crimes in Minnesota. First through fourth-degree charges are felonies. Fifth-degree controlled substance crimes can also be charged as felonies, especially if there’s a prior conviction or if the case involves certain aggravating factors. Felony drug charges can result from:
- Possession of large amounts of controlled substances
- Sale or distribution of drugs
- Possession with intent to sell
- Involvement in drug trafficking networks
Each degree has specific elements that the prosecution must prove. For example, a first-degree controlled substance crime might involve selling 17 grams or more of cocaine or methamphetamine, or possessing 50 grams or more.
Possible Grounds for Getting Charges Dropped
Here are some of the most common grounds for dropping charges:
Illegal Search and Seizure
If the police found drugs during an illegal search or seizure, the resulting evidence might not be admissible in court. For example, if law enforcement searched your car or home without a warrant or probable cause, a defense attorney can file a motion to suppress. If the court grants the motion, prosecutors may not have enough evidence to move forward.
Lack of Possession or Knowledge
Generally, prosecutors must prove that you knowingly possessed a controlled substance. If drugs were found in a car, apartment, or other shared space, your attorney may argue that you weren’t aware of the drugs and that they didn’t belong to you.
Insufficient Evidence
The prosecution has the burden of proving every element of the charge beyond a reasonable doubt. If key evidence like lab tests is missing, your attorney may argue for dismissal. Without strong proof, a felony drug case may not hold up.
Entrapment or Law Enforcement Misconduct
If police used undercover tactics that went beyond legal boundaries, that could support an entrapment defense. Entrapment happens when the police coerce or trick people into committing a crime they wouldn’t ordinarily do. Similarly, if police tampered with evidence or failed to follow proper procedures, the fallout could lead to case dismissal.
Diversion Programs and Alternatives to Prosecution
Even if your charges aren’t dropped, you may qualify for a diversion program or a stay of adjudication. These are alternatives to traditional prosecution. These outcomes can sometimes result in dropped felony charges if you complete certain conditions.
Pretrial diversion is typically offered to people with no prior felony convictions and applies in lower-level drug cases. It may involve drug treatment, community service, and regular check-ins.
If you’re charged with a first-time fifth-degree controlled substance crime, the court can defer judgment. That means the court can dismiss the charges without entering a conviction, as long as you successfully complete probation and follow any conditions the court sets.
Note that these programs are not automatic, and they may not be available in every county. They typically require the prosecution’s or court’s approval.
Negotiating a Plea Agreement
Even if the charges aren’t dropped, you may still have an opportunity to avoid a felony on your record. Plea negotiations can result in:
- Reducing a felony to a gross misdemeanor
- Agreeing to treatment in exchange for dismissal after successful completion
- Avoiding jail time through probation-based agreements
Plea deals typically depend on how strong the prosecution’s case is and your criminal history. A strong legal defense can give your attorney more leverage during negotiations.
Learn More from an Experienced Minnesota Criminal Defense Attorney
Felony drug charges in Minnesota are serious, but they’re not always set in stone. Mauzy Law Office, P.A., can explain your options and work to protect your rights. Contact us today to get started.