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Minneapolis Drug Distribution Lawyers
Defending Drug Distribution Charges in Minnesota
Distributing, or selling, controlled substances such as marijuana, heroin, cocaine and ecstasy is illegal in the U.S. In Minnesota, if you are charged with selling drugs, you could face anywhere from 6 months to 30 years in prison and fines ranging from $10,000 to a million dollars.
At Caplan & Tamburino Law Firm, P.A., our Minnesota drug distribution defense attorneys have over 100 years of combined legal experience and have handled hundreds of jury trials. We have in-depth knowledge of criminal courts and a successful track record to put in your corner.
If you enlist our legal guidance, we can investigate the facts of your case, the circumstances surrounding your arrest and any signs that your rights were violated during a search of your home, car or person.
A charge of distribution reflects the type and quantity of the controlled substance; the more drugs you have and the more dangerous they are, the more severe the consequences. Let’s take a look at how drugs are classified:
- Schedule I: Drugs with no currently accepted medical use, a high potential for abuse, and considered the most dangerous. Examples include heroin, LSD, marijuana, ecstasy, and meth.
- Schedule II: Drugs with a high potential for abuse, such as cocaine, oxycodone, fentanyl, Adderall and Vicodin.
- Schedule III: Drugs with a moderate to low potential for physical and psychological dependence, such as ketamine, anabolic steroids and testosterone.
- Schedule IV: Drugs with a low potential for abuse and low risk of dependence. Examples include Xanax, Soma, Valium and Ambien.
- Schedule V: Drugs with the lowest potential for abuse, such as cough preparations, Lyrica and Lomotil.
Drug Distribution Crimes and Penalties
In addition to the type of drug you’re arrested with, the amount also impact penalties. If you have only a “personal use” amount, you may simply be charged with possession, but if you’ve got a larger quantity, it’s more than likely you’ll be charged with distribution. Below is a list of the different felony charges and the penalties associated with them.
- Fifth degree felony: Sale of any amount of marijuana over 42.5 grams or any amount of a Schedule IV drug. Punishment is at minimum a probation period of 1 year and a fine up to $10,000. A judge also has the option of giving a sentence of up to five years in prison, but there is no mandatory minimum.
- Fourth degree felony: Sale of any Schedule I – III drug, except marijuana. Sale of marijuana can bring this charge only if conducted in a school, park or public housing zone, or it was sold to a minor. Charges carry a minimum probation period of 12 months, a fine of up to $10,000 and a potential sentence of 15 years in prison, although there is no mandatory minimum (unless you have priors).
- Third degree felony: Sale of any amount of narcotics, 10+ doses of hallucinogens, 5+ kilos of marijuana or Schedule I or II drugs to a minor or anyone in a protected zone. Penalties include up to 20 years in prison and a fine of no more than $250,000.
- Second degree felony: Sale of 10+ grams of any narcotic drug other than heroin, 3+ grams of heroin, 50+ doses of hallucinogens, 10+ kilos of marijuana or Schedule I or II narcotic drugs to a minor or to anyone in a protected zone. Penalties at this level escalate to up to 25 years in prison and a fine of up to $50,000. If you have a previous drug felony, you face a mandatory minimum of 3 years imprisonment.
- First degree felony: Sale of 17+ grams of cocaine, methamphetamine, 10+ grams of heroin, 50+ grams of other narcotic drugs, 200+ doses of hallucinogens or 25 kilos of marijuana. The highest penalties are assessed at this level—up to 30 years in prison and a fine of up to $1 million. There will be a 4 year mandatory minimum sentence with a previous drug conviction.
Need Legal Defense?
A drug distribution conviction can result in some serious penalties. If you have been charged with a drug felony, contact our Minneapolis drug crimes lawyers at Caplan & Tamburino Law Firm, P.A. immediately.
Call us today at (612) 444-5020 to set up a time to meet with one of our attorneys in a free, no-obligation case consultation.
1. Don’t Talk to the Police!
It’s crucial to know that while you should remain respectful with authorities, you have the right to remain silent. This a right protected by the Fifth Amendment of the U.S. Constitution, which makes it clear individuals are protected from being compelled to be a witness against him / herself in criminal matters.
It’s important to note that:
- Talking will not help you avoid an arrest. If law enforcement has probable cause to arrest you, then they will arrest you.
- By speaking, you risk making a confession or providing information that can be used to indict you, even unknowingly.
- Even if you feel that information being discussed is “harmless,” it is still in your best interest to invoke your Fifth Amendment right.
2. Ask for a Lawyer!As soon as you can you should elect your right to have a defense attorney present. A Minnesota criminal defense lawyer or public defender can ensure the police do not violate your rights and help you avoid saying anything incriminating during questioning. Caplan & Tamburino Law Firm is available 24 hours a day, seven days a week, so that we can be by your side whenever you need us. Call now!
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Attorney Joseph Tamburino is a Board Certified Criminal Law Specialist, achieved by only 3% of Attorneys
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