If you have been charged with 5th degree-controlled substance offenses in Minnesota, the penalties and consequences of being convicted are far-reaching. The repercussions of such a conviction can impact your life negatively as well as your future. It will rare its ugly head every time you apply for a job or try to rent an apartment. Needless to say, you need Drug Defense Attorney Judith Samson, a practiced and aggressive attorney, on your side. Ms. Samson has a long-standing record of advocating her client’s legal rights by providing the best possible defense.
5th Degree Controlled Substance Offense Charges
You can be charged with a 5th degree-controlled substance offense charge in Minnesota for either the sale of, intent to sell or possession of a controlled substance as follows:
- If you are unlawfully selling products containing THC (tetrahydrocannabinol), or marijuana; or
- If you are illegally selling products containing a controlled substance classified in Schedule IV
- Certain chemicals, drugs, and substances used to make drugs are classified into five (5) schedules or categories
- The five classifications/schedules of drugs are:
-
- anabolic steroid
- depressants
- hallucinogens
- narcotics
- stimulants
- Some examples of drugs included in Schedule IV:
- Ambien
- Ativan
- Darvocet
- Darvon
- Soma
- Talwin
- Tramadol
- Valium
- Xanax
- … And more.
5th Degree Controlled Substance Charge — Controlled Substances Sales
In Minnesota, all controlled substance sales are felonies. In the matter of felony 5th degree-controlled substance sale charges, if you are convicted, you can be sentenced up to 5 years in jail plus fines up to $10,000, depending on your criminal history. Penalties can also include forfeiture of cash, vehicles, or other personal items of meaningful value. MN 152.025
Controlled Substances Possession – Gross Misdemeanor or Felony?
A 5th degree-controlled substance possession charge involves possession of small amounts of marijuana or other listed controlled substances. The seriousness of the charge for 5th Degree controlled substance possession depends on the circumstances; they will be either gross misdemeanors or felonies. MN 152.025
- Gross Misdemeanor 5th degree-controlled substance possession – if no prior drug convictions:
- Possession of <0.25 grams, or
- Possession of a one-dose unit of a controlled substance (except for heroin); or
- Possession of <0.05 grams of heroin
- Felony 5th degree-controlled substance possession, as defined, is:
- The possession of >0.25+ grams, or >2+ dosage units, of a controlled substance except for heroin
- The possessing >0.05+ grams of heroin with a prior drug conviction
- The possession of >42.5 + grams of marijuana; or
- Possession of, having control of, receiving, or attempting to secure a controlled substance by deceit fraud, dishonesty, or by use of a false name…) MN 152.025
Even if the evidence on your 5th Degree Controlled Substance Possession charge is compelling, Judith Samson is a skilled Drug Defense Attorney who can resolve the case with the best results for her clients.
Consequences for Gross Misdemeanor or Felony 5th Degree Controlled Substances Possession Charges
Each level of 5th-degree drug possession charge carries specific penalties, including:
- 5th Degree Controlled Substance Possession
- Gross Misdemeanor Convictions – up to 1 year of jail time + other penalties
- Felony Convictions – up to 5 years of jail time + fines up to $10,000 + other penalties
5th Degree Controlled Substance Possession convictions can have severe future consequences, i.e., forfeiture of cash, cars, and other property, as well as affecting your ability to find gainful employment or proper housing.
Building Your Defense
Criminal Defense Attorney Judith Samson always conducts a thorough case analysis to determine whether her client’s rights may have been violated during the investigation or discovery of evidence.
There are many complicated legal issues associated with 5th degree-controlled substance charges, such as:
- Those related to controlled buys
- Search warrants
- Lab test results and chain of custody
- Vehicle stops
- …As well as other circumstances that may need careful examining
Navigating the specific laws that apply to such charges can be confusing; Judith Samson can help sort out the confusion and prepare the best defense for your case.
A thorough and individualized legal analysis of your case is not only necessary, but it is also your right. Without this type of diligence, you could otherwise forfeit your right to the best defense against 5th degree-controlled substance charges.
First-Time Controlled Substance Offense
If you are a first-time controlled substance offender, Criminal Defense Attorney Judith Samson can often persuade a judge not to convict, and instead, return a sentence of probation. Probation can include community work service, a drug treatment program, paying court costs, or any combination, resulting in no public record or conviction.
Call Today to Schedule A Free Case Consultation With Minneapolis Criminal Defense Attorney Judith Samson 612-333-8001
Minneapolis Criminal Defense Attorney Judith Samson has a proven history of advocating aggressively for her clients, protecting your legal rights, and obtaining a favorable outcome. Don’t take a chance on having to face serious felony drug charges without an experienced Drug Defense Attorney at your side.
Based in Minneapolis, Criminal Defense Attorney Judith Samson regularly represents individuals facing drug charges in state and federal courts throughout the State of Minnesota. Ms. Samson has been serving clients as a Minnesota Criminal Defense Attorney for more than 20 years and provides comprehensive defense services ranging from drug charges and DWI to assault, theft, and juvenile crimes.
Ms. Samson is very passionate about her clients and focuses on helping each one understand their options, vigorously pursuing their best interests. Attorney Judith Samson has proven relationships with prosecutors and judges, having earned their respect as well as their trust.
If you have been arrested on 5th Degree Controlled Substance Offenses such as Sale or Possession or any other charges, before talking to any law enforcement, avoid any missteps and contact Attorney at Law, Judith Samson.
Minneapolis Criminal Defense Attorney Judith Samson is accessible 24 hours a day, 7 days a week, and responds promptly to your needs. You can also arrange for an off-premise visit. For the best dedicated and professional legal representation, in any criminal charges, contact Attorney Judith Samson today.
Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.