If you are facing charges for possession of a controlled substance in the fifth degree in Rochester, consult with an attorney to ensure the best defense.
An experienced drug possession attorney can help ensure that your rights are protected and negotiate on your behalf to get the charges dropped or secure reduced penalties.
Possession charges range from first to fifth-degree, depending on the substance involved. Controlled substances are broken into categories known as Schedules. Under Minnesota Statutes ยง 152.025, fifth-degree drug charges apply to sales of Schedule IV substances and possession of small amounts from Schedules I, II, III, or IV, with some exceptions.
Schedule I substances are those with a high potential for abuse and no accepted medical use. They include heroin, LSD, and MDMA.
Schedule II substances have accepted medical uses with strict limits, but have a high potential for abuse. They include methamphetamine, fentanyl, and oxycodone.
Schedule III substances have some accepted medical use and a moderate potential for abuse. They include ketamine and steroids.
Schedule IV substances have accepted medical use and a low potential for abuse. These include Xanax, Valium, and Ativan.
A Rochester lawyer can help you understand the type and severity of your fifth-degree controlled substance possession charge and explore defense strategies to avoid a conviction.
There are many possible defense strategies for individuals in Rochester facing charges for possession of a controlled substance in the fifth degree. An experienced attorney can evaluate your case and determine what strategy is best for your specific circumstances.
If the police did not follow procedures during the search and seizure of the substance in question, it could lead to a dismissal of the charges. Typically, this defense hinges on whether the police properly obtained and executed a warrant or if they had reasonable cause for a search.
Another possible defense against fifth-degree possession charges involves how the police and lab technicians handled the evidence. If the lab tests were contaminated or if the chain of custody of the specimen was compromised, the evidence could be dismissed.
Depending on where the substance was found, the defendant may be able to argue that substances found in a shared space were not actually under their control. For example, the substance may have been found in an apartment with multiple tenants or in a car that multiple people use.
Since many of the substances included in fifth-degree possession charges may be legally prescribed by a doctor, it is possible to face possession charges if the substance was found outside of the container with prescription information. In this case, proving that the substance was legally prescribed can be an effective defense.
For the best chances of a favorable outcome in your case, you should enlist the help of our seasoned attorneys.
In some possession of a controlled substance in the fifth degree cases in Rochester, the best strategy is to negotiate reduced penalties. Possession in the fifth degree can carry penalties of up to five years in prison and up to $10,000 in fees. A lawyer can advocate for diversion or treatment programs to reduce these penalties.
If you have been charged with possession of a controlled substance in the fifth degree in Rochester, you should reach out to an experienced attorney as soon as possible. They could help build an effective defense that reduces the penalties or results in a dismissal of the charges altogether.
Get in touch with us today to discuss your options.
