Posted by Kohlmeyer Hagen Law Office | Criminal Defense, Drug Crime
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 …
Posted by Kohlmeyer Hagen Law Office | Drug Crime, Recreational Marijuana
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 …
Posted by Jason Kohlmeyer | Criminal Defense, Drug Crime
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 …
Posted by Jason Kohlmeyer | Criminal Defense, Drug Crime
In Minnesota, a person can be charged with the crime of possession of a controlled substance; even if the substance is not actually on that individual. Guilt by association, also known as “constructive possession,” allows the State to bring criminal charges against a person for drug possession even if that individual does not actually physically …
Continue reading "Can I Be Found Guilty by Association for a Drug Crime?"
Posted by Tom Hagen | Drug Crime
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 …
Posted by Tom Hagen | Drug Crime, Workers Compensation
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 …
Continue reading "Recent Changes To OSHA Regulations For Post-Accident Drug Tests"
Posted by Tom Hagen | Drug Crime, DWI
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 …
Posted by Tom Hagen | Drug Crime, DWI
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 …
Continue reading "“High” Driving Sees Increase Over Past Few Years"
Posted by Tom Hagen | Drug Crime, DWI, DWI FAQ
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 …
Posted by Tom Hagen | Criminal Defense, Domestic Abuse, Drug Crime, Sex Crimes
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 …
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