Legal Question in Criminal Law in Minnesota

My son was just charges with 1st degree possession in Mn. He had a bottle that at one time contained flavor drops for water, he had urine in it so he could try one of those over counter drug tests with it. He had it in his pocket and had gotten arrested for something and it came out of his pocket in the police car. They sent it off And had it tested and it came back with trace amounts of meth. So he is being charged with a felony because they used the weight of the linguistic which on his papers say yellow liquid but not lemonade... How they did not know it was irons is beyond me charged with 40 grams of meth. How can having a urine sample lead to this he has prior felonies and this is just an absurd thing. In your opinion does this sound like a chargeable case

Asked on 9/11/13, 12:39 am

3 Answers from Attorneys

Tricia Dwyer Tricia Dwyer Esq & Assoc PLLC

Hello. Your son's legal issue is markedly serious. If your son is not represented, your son should confer with an attorney right away. If your son has possession of any of the testing materials, he should keep those safe as they may be helpful evidence. He is welcome to phone me. All the best.

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Answered on 9/11/13, 5:51 am

Maury Beaulier612.240.8005 Minnesota Lawyers

Your son is being charged under Minnesota Statutes where the weight of any mixture containing banned drugs may be used. Although any amount would be a felony, the weight can add to the severity of the potential sentence. However, there is an exception for bong water and, it would seem, strong arguments may be made that the substance, urine, is of a similar nature.

I have over 22 years of experience with such matters.

For a consultation call 612-240-8005.

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Answered on 9/11/13, 6:50 am
Thomas C. Gallagher Gallagher Criminal Defense Services

Yes, due to a relatively recent Minnesota statute and case that defines a liquid with any amount of illegal drugs as a "mixture" and uses that total weight of the liquid as if it were illegal drugs. However, a defense lawyer would enjoy having a case like that, to bring to a judge, then if need be a jury, to ask for dismissal then acquittal.

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Answered on 9/11/13, 8:49 am

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