Oftentimes circumstantial evidence is used to try and prove that someone possessed drugs with the intent to sell, instead of simply for personal use. Sometimes the evidence can be as significant as a scale or a gun, but often it can be otherwise innocent items like baggies or money.
While there are mandatory minimum sentences set by the legislature, they are imposed at the discretion of the District Attorney’s office, and must be found by a judge to be applicable. This is why it is important to have an experienced and knowledgeable attorney, like those at the law firm of Lauer & Sletvold, who can negotiate with the district attorney and effectively advocate on your behalf in court.
That is why it is important to have experienced attorneys working for you to determine what possible defenses are available to you, to negotiate on your behalf with the prosecutor, and ultimately to pursue those defenses vigorously and effectively when necessary.
Below is just a sample of some of the mandatory minimums someone can face for a drug charge.
| Drug delivery resulting in death. |
| 1 year total confinement, or (promoting habitual use or engage in trafficking, 1,000 feet of real property of school, school bus, 500 feet school bus stop) 3 years total confinement. |
| PWID in a Drug free school zones. |
| 2 years total confinement / 4 year maximum |
| Manufacture of amphetamines, methamphetamine, or phenylacetone, and phenyl-2-proponone. |
| 2 years total confinement |
| Marijuana |
| 2 lbs. to < 10 lbs. or 10 to < 21 live plants. 1st conviction 1 year, subsequent – 2 years 10 lbs. to < 50 lbs. or 21 to 51 live plants 1st conviction 3 years, subsequent – 4 years 50 lbs. or more or 51 live plants or more. 1st conviction 5 years subsequent – 5 years |
| Heroin |
| 1 gram to < 5 grams 1st conviction 2 years, subsequent – 3 years 5 grams to < 50 grams 1st conviction 3 years, subsequent – 5 years 50 grams or more 1st conviction 5 years, subsequent – 7 years |
| Cocaine |
| 2 grams to < 10 grams 1st conviction 1 years, subsequent – 3 years 10 grams < 100 grams 1st conviction 3 years, subsequent – 5 years 100 grams or more 1st conviction 4 years, subsequent – 7 years |
| Methamphetamine / Phencyclidine |
| 5 grams to < 10 grams 1st conviction 3 years, subsequent – 5 years 10 grams to < 100 grams 1st conviction 4 years, subsequent – 7 years 100 grams or more 1st conviction 5 years, subsequent – 8 years |
| Amphetamine |
| 5 grams or more 1st conviction 2.5 years, subsequent – 5 years |
| Methaqualone |
| 50 tables to < 200 tablets or 25 grams to < 100 grams 1st conviction 1 year, subsequent – 3 years 200 tablets or more or 100 grams or more 1st conviction 2.5 years, subsequent – 5 years |
| Any conviction of possession with the intent to deliver and a possession of a firearm |
| 5 to 10 year mandatory. |
