QUESTION

What am I likely to get if police found a total of 12 ounces of marijuana?

Asked on Aug 22nd, 2014 on Criminal Law - Minnesota
More details to this question:
Case in Minnesota (Scott County). A warrant was executed in my apartment where they found a total of 12 ounces of marijuana (6oz of buds, 2oz of stems, and 4oz of leaf) along with 3 scales, various drug paraphernalia, and 3 baggies of marijuana. I am being charged with 5th degree felony sale of marijuana, hash oil was also found but not charged with. Upon the search they found 3.4grams of cocaine and 10 doses of LSD acid tabs resulting in a 3rd degree felony possession of a controlled substance charge (both put into 1 charge). I have never had encounters with law enforcement so I have a spotless record aside from a couple speeding and no insurance citations. I was trying to get an idea of what I'm looking at from worst to best case scenario, realistically. Would I be getting months in jail? Or is probation a possibility, and if so, what would be an idea of the length I would be on probation. Also, would I be able to get home arrest or work release in place of getting locked into a cell because I have 2 jobs that I would like to keep and I work 6 days of the week. Currently out in conditional release with random drug testing as of 5/27/14. Would clean urine tests help me to getting a shorter jail time or probation length? I would like to weigh out if it would be better to do a few months in county jail vs 5+ years on probation as u would like to get this case over with as soon as possible and move on with my life.
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1 ANSWER

Criminal Defense Attorney serving Eagan, MN
3 Awards
You pose some very good questions. All of these questions should be directed to your attorney - the person that knows the specific facts and circumstances of your case. With that said, I can give you a general idea. With your lack of criminal history, it is likely that you would not actually go to prison. Probation would likely be for three or five years. If you don't go to prison, you could still be ordered to serve up to 365 days in the local jail. House arrest is a possibility. What you should be more concerned about is whether you end up being convicted of a felony. You should be retaining an experienced attorney to help you try to avoid a permanent conviction. There is a statutory diversion type option that we may or may not be able to get you qualified for. I'd be happy to sit down with you for a free initial consultation. At least talk to a good lawyer before doing anything that you'll regret later.
Answered on Aug 25th, 2014 at 1:08 PM

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