Legal Question in Criminal Law in Minnesota

5th degree felony

so a friend of mine, he had got pulled over and had painkillers that were not perscribed to him and a small amount of marijuana. he has back pain and get injected and perscribed painkillers but what he told me was he didnt have time to get his pills perscribed so he asked a friend if he can get some pills and those were the ones found by the police. he can also get those pills perscribed, what should he do? and how long can he go to jail if theres a possibility of getting convicted for it?


Asked on 4/06/09, 11:30 am

3 Answers from Attorneys

John Arechigo Arechigo & Stokka, LLP

Re: 5th degree felony

A fifth degree possession charge carries a maximum penalty of 5 years in prison and/or a $10,000 fine. However, if your friend does not have any prior controlled substances convictions, he may be eligible for a diversion program as a first-time drug offender. The diversion program would essentially place your friend on probation for a period of time determined by the court, and as long as there are no probation violations during that time, your friend's charges would be dismissed at the end of the probationary period.

It is always best to consult an attorney as early on in the process as possible. If your friend has not had to appear in court yet, have him contact an attorney immediately. If your friend is interested, I can be reached at 651.222.6603, or you can visit my website at www.arechigo-stokka.com.

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Answered on 4/06/09, 11:55 am
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: 5th degree felony

A fifth degree felony possession charge is very serious. It carries with it maximum penalties of 5 years in prison and/or a $10,000 fine

In most cases, if the person has no prior record a criminal record can be avoided by either entering a diversion program offerred in some counties or seeking a Stay of Prosecution with some stipulations.

I have 18 years of experience in handling such matters. In such matters, an aggressive defense goes a long way toward seeking a reasonable resolution.

For a FREE consultation call 612.240.8005

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Answered on 4/06/09, 12:58 pm
Thomas C. Gallagher Gallagher Criminal Defense

Re: 5th degree felony possession

He might be able to get into a pretrial diversion program, which could help keep his record more clean, and allow for exungement later (if he has no priors). Due the serious consequences possible, he should get help from a good criminal defense lawyer.

www.liberty-lawyer.com

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Answered on 4/06/09, 1:06 pm


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