Twin Cities’ Attorneys Committed To Your Defense

If you or someone you know has been arrested for drug possession or drug trafficking, call Heefner Nelson Law. We represent individuals facing a wide range of criminal charges related to drugs, including drug trafficking, possession with intent to deliver, conspiracy, and drug manufacturing. Our attorneys also defend individuals facing the consequences of an interstate drug stop.

From the moment you contact us, we will be committed to your defense. We will do everything in our power to protect your rights, and will fully investigate your case and explore all possible defenses to your drug charges. We will work for a dismissal of the charges or a not guilty verdict.

Even if the evidence against you is strong, you will want an experienced attorney to ensure that all factors are considered at the time of sentencing. The federal sentencing guidelines are no longer mandatory. This means that even if you are convicted of the drug offense, there is still a lot of discretion involved in determining your sentence. In the State of Minnesota, on the other hand, there are mandatory guidelines in place.  However, under certain circumstances, an experienced defense lawyer can obtain a “departure” from those mandatory sentences.

You can count on our years of experience handling criminal matters. We will argue on your behalf to try to minimize the consequences of a conviction, bringing in all relevant factors that might reduce the sentence. We will be fully prepared to present your best legal and factual arguments.

The consequences for drug possession or sale in the State of Minnesota vary widely, depending on the type and amount of drug.  As a result, there are various levels/degrees of drug offenses on the books:

  1. First Degree:

    This offense is a felony.  A person can be charged with this offense if they sell or possess a large quantity of controlled substances such as cocaine, heroin or methamphetamine (sell 10 grams or more, possess 25 grams or more), or manufactures any amount of methamphetamine.  The maximum punishment is 30 years in prison and a fine of $1Million;

  2. Second Degree:

    This offense is a felony. This usually involves the sale and possession of a slightly smaller amount of cocaine, heroin or methamphetamine (sell 3 grams, possess 6 grams). The maximum penalty is 25 years in prison and a $500,000 fine;

  3. Third Degree:

    This offense is a felony. This usually involves the sale and possession of a slightly smaller amount of cocaine, heroin or methamphetamine (sell 1 grams, possess 3 grams). The maximum penalty is 20 years in prison and a $250,000 fine;

  4. Fourth Degree:

    This offense is a felony. This usually deals with the possession or sale of controlled substances not covered by First-Third Degree offenses.  The maximum punishment is 15 years in prison or a $100,000 fine;

  5. Fifth Degree:

    This offense is a felony.  It usually deals with the possession of a small amount of a narcotic (less than 3 grams), or the “sale” of a small amount of marijuana.  It is important to note that even cocaine residue on the cellophane of a cigarette pack is considered a small amount of narcotic for felony purposes.

  6. Small Amount of Marijuana:

    It is a misdemeanor to possess a small amount of marijuana in a motor vehicle, and is a petty misdemeanor to possess a small amount of marijuana not in a motor vehicle.   A small amount of marijuana is 42.5 grams or less.  A petty misdemeanor is not considered a crime in the State of Minnesota.

The attorney’s at Heefner Nelson Law have over 30 years combined experience dealing with the complexities of Minnesota’s drug crime laws.  Contact us with any questions you may have, or for a free initial consultation.