Legal Question in Criminal Law in Minnesota

1st degree drug charges

my b/f was arrested and charged with 1st degree felony. he was followed into a private driveby deputies serving a warrant down the street. they said that they thought he was that person, he did not have a valid d.l. and they put cuffs on him and searched the vehicle(not in his name) the person who owned the home gave the deputies a small bag she had found along side her driveway, it contained drugs, baggies and a scale. During the search, they fgound in the car, his leather jacket with a large amount of money,(mine to buy a new car he found) and several hundred in his wallet(he had sold a car that afternoon)they also found a handgun under the seat(it was partial payment for the car) they took both his cell phones and stated that they were in this black bag. They searched him before putting him in the squad car and took the phones from his pockets along with his wallet. he had no drugs or anything considered paraphinila on him or anywhere in the car, just the black bag handed to them after he was already in cufs and in the squad car. The car is in impound and all monies are being held(mine included) there were also several items that he had picked up for me in the car. How can they charge for something he did not have on/near him??


Asked on 2/18/07, 2:38 am

1 Answer from Attorneys
Ross Brandborg Brudvik Law Office

Re: 1st degree drug charges

In order for a prosecutor to charge a crime he/she simply needs probable cause to believe that the drugs/paraphernalia is your boyfriend's. Based on the belief that your boyfriend was the source of the illegal material the prosecutor can charge him, and he must defend himself through the judicial system.

Read more
Answered on 2/18/07, 4:09 pm


Related Questions & Answers

More Criminal Law questions and answers in Minnesota