St. Paul Drug Sales Lawyer

Heroin and methamphetamine continue to dominate the drug abuse landscape in Minnesota cities. Prosecution of drug sales is complex and expensive because the vast majority of it takes place as a part of organized crime. Independent “entrepreneurs” who are most easily prosecuted are a relatively small proportion. Most of the sales of the CDS in Minnesota cities are by Mexican drug trafficking organizations, as well as street gangs, and other criminal organizations. Drugs travel into the state concealed in commercial trucks as well as private vehicles.

Illegal synthetic drugs are also sold online. Commercial CDS online operations account for a small percentage of CDS sales, but the online operations are growing nationally from an estimated $16 million in sales to $170 million over just three years (2012 to 2015). The share of users who buy CDS online has more than doubled over two years. These online drug sales in Minnesota are part of “the dark web,” accessible through underground browsers like Tor. Minnesota is especially vulnerable to online drug sales because it is a state whose people are more connected to the internet than others. Buyers and sellers connect through underground email providers like Sigaint.

Online drug sales are protected by layers of encryption. Payments are made in bitcoin, which stay in escrow until drugs are packed in vacuum-sealed under high security, and shipped from a variety of postal addresses with printed labels. Smart buyers use the address of “an inattentive or absent neighbor” and never sign for the package.

Defense Strategies for Drug Selling & Dealing Cases in MN

Because of the social damage that drug abuse is causing in Minnesota, the police are aggressively cracking down on people accused of selling drugs. Once a citizen is accused, prosecutors are very aggressive in their efforts to get convictions. Often the legal rights and protections for the accused are pushed aside. Yet the penalties are severe. A conviction can be a life-changer with long prison terms, crippling fines, and legal blockages to future career and education. Anyone accused of drug dealing crimes in Minnesota needs a strong and attentive defense.

If the police are careless and violate the defendant’s rights in the collection of evidence, the defense may be to have illegally obtained evidence kept from the trial. The Fifth Amendment to the constitution allows defendants the right not to testify against themselves. This includes being correctly informed of their rights under the law, and protection against coercion.

Good legal defense may bring special circumstances to bear in the determination of sentences. Drug courts combine criminal elements with treatment models since addiction and associated drug activities may be criminal but under particular medical and social duress. Agreements between parties of the court may be important in emphasizing treatment over criminal punishment.

The Role of Drug Trafficking Organizations

Drug trafficking organizations (DTOs), such as cartels and street gangs, play a significant role in the drug sale landscape in Minnesota. These groups often:

• Control large-scale drug distribution networks, moving substances like methamphetamine, heroin, and cocaine across state lines.
• Use advanced methods to conceal and transport drugs, making it harder for law enforcement to intercept shipments.

When individuals are accused of working with or for these organizations, they face more severe legal consequences because of the scale and coordination involved.

Law enforcement tactics:

• Targeting DTOs: Police and federal agencies focus on dismantling these networks through undercover operations, wiretaps, and intelligence sharing.
• Impact on accused individuals: If you're accused of working with a cartel or gang, you may face heightened charges, longer sentences, and more intense legal scrutiny.

Drug Sale Penalties in School Zones and Other Protected Areas

Selling drugs in specific zones, such as near schools, parks, or public housing, triggers harsher penalties. This is due to:

• Increased risk to public safety: These areas are heavily populated, and selling drugs in them puts vulnerable communities at risk.
• Stricter laws: In Minnesota, if you're caught selling drugs near a school, park, or drug treatment facility, penalties can escalate quickly.

Specifics of these enhanced penalties:

• School Zones: A conviction for selling drugs near a school can lead to higher sentences, even for small quantities of drugs.
• Public Areas: Similar enhanced penalties apply for selling in parks, public housing zones, or near daycare centers.

Even if you are accused of selling a small amount of drugs, being in close proximity to these areas can lead to significant legal consequences.

Consequences of Being Convicted of Drug Sales in MN

A drug sale conviction in Minnesota can have lifelong repercussions. Some of the long-term consequences include:

• Employment: Convictions can make it difficult to find stable employment. Many employers conduct background checks and may be hesitant to hire someone with a criminal record.
• Education: A conviction can prevent you from attending certain colleges or obtaining financial aid, limiting your future educational opportunities.
• Housing: Individuals with a drug conviction may face difficulties securing housing, as some landlords screen for criminal history.

Permanent criminal record:

• A conviction may remain on your record permanently, affecting many areas of your life, from job applications to social perceptions.

Understanding the lasting impact of a conviction is crucial when facing drug charges. It’s important to consider all your options for defense.

Frequently Asked Questions (FAQs)

What is the difference between drug trafficking and drug sales charges in Minnesota?

• Drug trafficking involves the illegal distribution, transportation, or importation of controlled substances across state or national lines, often involving large quantities.
• Drug sales charges are typically focused on the act of selling or attempting to sell drugs, whether in smaller or larger amounts.

While both are serious offenses, drug trafficking often results in harsher penalties because it involves organized networks and large-scale distribution.

Can I be charged with drug sales even if I wasn’t caught with drugs on me?

Yes. In Minnesota, you can still face charges for attempting to sell drugs or for being involved in the distribution network even if you were not directly in possession of the drugs. Law enforcement may rely on witness testimony, wiretaps, or surveillance footage to build a case against you.

What are the defenses against drug sales charges in Minnesota?

There are several possible defenses, including:

• Lack of knowledge: Arguing that you didn’t know drugs were being sold or transported.
• Illegal search and seizure: If evidence was obtained without a proper warrant or probable cause, it may be inadmissible in court.
• Entrapment: If law enforcement encouraged you to commit the crime, this could be a valid defense.

Consulting with an experienced drug defense attorney is crucial to determine the best approach.

What is the role of a public defender in a drug sales case?

A public defender is a lawyer provided by the state to represent individuals who cannot afford to hire a private attorney. They can help you navigate the legal system, provide defense strategies, and advocate for the best possible outcome in your case. However, public defenders may have heavy caseloads, so it’s important to work closely with them to ensure your case receives the attention it needs.

How does the use of online platforms affect drug sales cases?

In recent years, there has been a rise in drug sales conducted through online platforms or the dark web. Law enforcement agencies are increasingly targeting these networks. Selling drugs online often involves using encrypted communication and cryptocurrency, but cybercrimes and online drug transactions still carry severe legal consequences. If you’re involved in online drug sales, you may face additional charges related to fraud or cybercrime.

Can a drug sale conviction be expunged from my record in Minnesota?

In some cases, it may be possible to expunge or seal your criminal record, especially if it’s your first offense or if you’ve completed your sentence and demonstrated rehabilitation. However, drug sale convictions are more difficult to expunge compared to less serious charges. It’s best to consult with an attorney who specializes in criminal expungement to explore your options.

How can I reduce the penalties for drug sales charges?

Penalties can sometimes be reduced if:

• You work with law enforcement as a confidential informant.
• You enter a rehabilitation program or participate in a drug court.
• You negotiate a plea deal for a lesser charge.

Discussing your case with a skilled defense attorney will help you explore potential options for reducing penalties.

Rogosheske, Rogosheske & Atkins, PLLC has practiced law in Minnesota for over 50 combined years. Our experience in criminal and civil law throughout the state of Minnesota and Wisconsin can help in fighting your charges. Please contact us at (651) 413-9004 to learn more.