Drug possession is a serious criminal offense under both state and felony law. Depending on the nature and the quantity of the controlled substance, drug possession could be charged as a felony that carries significant jail time. Notably, there are two separate types of possession: actual possession and constructive possession. With constructive possession, you can be arrested and charged with…
According to reporting from CBS Minnesota, the Minnesota recreational marijuana legalization bill continues to make progress in our state capital of Saint Paul. If passed into law, the reform legislation would allow for the adult (21+) use of recreational marijuana and would create a system to expunge many prior marijuana-related convictions. Here, our Mankato drug crimes defense lawyers explain what…
The possession or sale of drugs in Minnesota is a serious offense. Such crimes are common, and vigorously prosecuted. However, the Minnesota legislature recently enacted laws that reflect a growing trend to recognize the difference between sales of drugs and possession of drugs by individuals that suffer from the disease of addiction. Below is a discussion of the differences between a charge…
Minnesota law prohibits the possession, manufacture, and sale of certain controlled substances. If you are charged with a drug crime, there may be several drug defenses available. One should always consult with an attorney if charged with a criminal offense, but the following are the top ten defenses one might use to combat a drug charge. Unlawful Search or Seizure…
As of December 1, 2016, employers are required to have an established “reasonable procedure” for injured workers to report any workplace injuries or illness accurately and in a timely manner. According to OSHA comments, post-accident drug testing may be viewed as unlawful retaliatory action by the employer unless drug use by the injured employee is likely to have caused the…
Police was given a new weapon to combat drugged driving, a mouth-swab that can test if a driver recently used drugs. Drugged driving, like intoxicated driving, is illegal. However, police have struggled to define a consistent method to test drivers and assess (1) if they are under the influence of drugs and (2) if they are impaired. Drugs, unlike alcohol,…
A report released by the Foundation for Advancing Alcohol Responsibility and the Governor’s Highway Safety Association found that the number of American fatalities in car crashes in which drugs were present or detected in car eclipsed the number of fatalities in which only alcohol was present. These findings indicate that as marijuana (and potentially other drugs) become legalized and accepted…
Expunging Records When DWI MN records are expunged, they are sealed by the court. A DWI Minnesota is considered a crime that creates a criminal record in the court system. A criminal record is hard to escape, since it’s disclosed on all types of important documents that are used by employers, lenders and banks, home rental companies, and even colleges.…
Entrapment Although an entrapment defense can be a very effective way to defeat many types of criminal charges, for the defense to be valid, it must contain two elements. First, the defendant must prove through evidence that the crime was induced by law enforcement. The second element of entrapment is the lack of the defendant’s predisposition to commit the crime.…
More than 18 million women were addicted to opiate prescription medications in 2014. Many women were stay-at-home moms who admitted to using opiates to cope with the stress of motherhood. Moms and Opiate Addiction Recent studies by the Substance Abuse and Mental Health Services Administration show concerning statistics for opiate abuse with many addicted stay-at-home moms who use the drugs…