Selling Simulated Substances Is a Felony Crime in Minnesota

 

Felony Criminal Charges For Selling Simulated Controlled Substanses

 Selling simulated controlled substances in Minnesota is a felony offense.  A recent client of ours was charged with this drug crime.  Often the people charged with this crime are unaware of the seriousness of selling something that is not a drug, representing that it is a drug.

 

 

Aspirin - Legal until sold as a Controlled Substance

Illegal Ecstasy Pills

For example, in my recent case, my client was charged in Redwood County.  An undercover officer from the Drug Task Force contacted my client, seeking to buy Ecstasy. My client declined to do so initially, but the undercover officer continued to pressure my client.  So my client caved in, and agreed to sell him Aspirin that looked like Ecstasy pills. The undercover agent knew that the pills were fake Ecstasy, but agreed to buy them anyway.

   Under Minnesota Statute Section 152.092 selling a substance representing it as an illegal drug, even though it is not, is a serious felony offense.

 Fortunately for my client, there are good defenses available suitable for the specific facts of his case.

 If you have been charged with a Minnesota drug related crime, please call criminal defense attorney john Scott at 651-203-5990, or visit  my website.  Come back and visit my blog for more criminal defense information.

 

An Alford Plea-Not Necessarily the Best Defense –Criminal Defense Attorney in Minnesota

You Have Been Told To Take An Alford Plea, Should You?

You find yourself in a predicament where you are faced with charges.  Maybe you are guilty of one charge, but not the other.  You are offered a plea for both.  Maybe it is a good deal for the one, but not really for the other.  Should you take an Alford plea for the one charge you didn’t do?

What is an Alford Plea exactly?  An Alford Plea is a plea in criminal court in which the defendant does not admit the act and asserts innocence, but admits that sufficient evidence exists with which the prosecution could likely convince a judge or jury to find the defendant guilty.  Upon receiving an Alford plea from a defendant, the court may immediately pronounce the defendant guilty and impose sentence as if the defendant had otherwise been convicted of the crime.  It is basically the same as a guilty plea, and is treated as such by all parties, except-the defendant, who is proclaiming their innocence. 

If you find yourself in a situation like this, or you need council in your court proceedings, call Minnesota Attoreny John Scott at 651-203-5990.

 

 

 

 

The Implied Consent challenge case in a DWI

A Minnesota DWI charge will get your driver’s license suspended if your BAC is over 0.08. In order to challenge the license suspension, you must file an Implied Consent Petition with the Court within 30 days that you receive the Notice of Suspension.

 

The Implied Consent case is basically a civil lawsuit against the Minnesota Commissioner of Public Safety alleging that your suspension is wrong. The basis of such a challenge can include that the police officer did not have probable cause to stop you or to arrest you, that the BAC test is unreliable, that the police office did not let you talk to an attorney after the arrest and before you took the test, or any violation of constitutional rights. If you have been arrested for a Minnesota DWI, talk to a criminal defense attorney if you believe there are issues that the police did wrong during the DWI arrest.

 

The issues that are raised in an Implied Consent case are usually raised in your criminal defense case as well. The issues are tried to a judge. If you prevail in your criminal case without challenging the Implied Consent case, you will still have an Implied Consent entry on your driver’s record. Insurance Companies, police officers, and anyone looking at your driving record will know that you were arrested for DWI even if there is no criminal conviction.

 

For clients of the public defender, you need to be aware that the public defender will not represent you in the Implied Consent case.

 

If you have questions concerning a DWI arrest, please call for a free initial consultation.

 

–John Scott, 612-840-8961

Implied Consent in the Minnesota DUI defense

In every Minnesota DWI charge where the BAC is over .08, there is also an Implied Consent proceeding as well. So what is Implied Consent? Simplistically, Implied Consent means that every person in a Minnesota DUI arrest will consent to the State measuring BAC. As a result, part of the Minnesota DWI arrest is the police officer reading to the accused, and completing, an Implied Consent form. The most important parts of the Implied Consent form are the officer advising you that you are under arrest, that refusal to take the test is a crime, and that you have the right to speak with an attorney. The officer will also ask you if you wish to speak with a DUI attorney.

 

The result of the Implied Consent is that once the officers obtain a BAC test that shows your BAC is over 0.08, your driving privileges will be suspended for a minimum of 90 days. Prior DWI charges and aggravating factors (like high BAC levels) will make those suspensions longer. Refusing to take the test will not help out either, as it is a separate more serious charge. To read my prior article about refusing to take the test, click here: https://criminaldefensemn.wordpress.com/2008/04/02/no-breath-test-no-duidwi-is-not-true/  

 

If the officer has a test that shows your BAC over 0.08, he will give you a Notice of Suspension. If you do a blood or urine test, the Notice of Suspension will be mailed from the Minnesota DPS to the address on your license. In order to challenge the suspension of your drivers license, you need to file a Petition with the Court, within 30 days of the notice of suspension of your license. If you do not do so within that time limit, you forever lose the right to challenge the suspension. It is important that you talk with a criminal defense attorney as soon as possible after the DUI arrest.

 

If you have questions concerning your suspended license or a Minnesota Implied Consent, of Minnesota DUI, please call for a Free Consultation.

 

–John Scott, 612-840-8961.