There are two types of crimes that tend to be punished harsher than others, and those are drug crimes and violent crimes. And while it may appear that Minnesota and the US as a whole may be becoming a little more relaxed in how it handles marijuana charges, other drugs like cocaine, heroin and methamphetamine continue to fuel overdose-related deaths at high levels, meaning the courts often come down hard on people caught possessing, manufacturing or selling these controlled substances.
If you or someone you know is facing a drug-related charge in Minnesota, it’s imperative that you talk with a Minnesota drug crime lawyer to learn about your possible options. One such route is to defend yourself against the charges with the help of an attorney. Below, we take a closer look at some of the common defenses or strategies pursued by legal counsel when fighting drug-related charges.
Common Drug Crime Defenses
There are many possible elements that can be used as defensive strategies in Minnesota drug charges, including:
- Illegal searches and seizures
- Invalid traffic stops
- Illegal wire taps
- Failure to inform the defendant of his/her rights before obtaining a statement (Miranda violation)
In the United States, drug crime defenses tend to revolve around Fourth Amendment rights. Most incriminating evidence in a drug case is obtained by police search and seizure. As a US citizen, you have certain rights that protect you against unreasonable searches and seizures. A good defense attorney can determine whether or not evidence obtained by warrants, statements, or actions taken by law enforcement are legal. If you can prove that evidence against you was obtained unconstitutionally, that evidence is inadmissible in court.
In Minnesota, you do not actually have to be caught selling drugs to be charged with drug sales. Police may arrest you based on evidence they consider conclusive, like the possession of drug paraphernalia. These charges are often exaggerated and lack evidence to pursue conviction, which again speaks to why it’s so important to have a lawyer by your side to help with your defense.
Edina Drug Defense Lawyers
Harsh penalties have not decreased the amount of drug trafficking in America. Even so, many prosecutors will seek prison time over more effective punishments, such as rehabilitation. Imprisonment is not the solution for those accused of drug crimes. Placing substance abusers inside a prison cell will not solve their underlying chemical dependency problems. The American criminal justice system is based upon rehabilitation.
Drug crime convictions should not necessarily result in prison time. There are other more effective options, such as narcotics anonymous classes and rehabilitation programs. A Golden Valley drug crimes attorney can fight to make sure your drug case results in an effective treatment-based penalty, rather than prison time. Give us a call today if you need help with your case, and check out the chemical dependency resources page below for more information. (952) 224-2277.