Felony Drug Charges Resolved with Community Service
Mike Brandt’s client was charged with felony Possession of Drugs from an arrest in Brooklyn Park, Hennepin County, Minnesota in April of 2016. The charges emanated from a traffic stop for an equipment violation which led to the search of the vehicle, where the police found methamphetamine and hash oil. In addition to the drugs, Mike’s client also had a loaded firearm in the vehicle.
Because of Minn. Stat. Section 609.11, which requires a mandatory prison sentence of three years when a firearm is connected with certain felonies, Mike’s client was facing three years in prison. In preparing the case, Mike had his client take some affirmative steps, such as getting a chemical evaluation, obtaining letters in support of the client, and gathering other documents to show that the client was in school working toward a degree and otherwise had no prior record. Mike also raised issues as to the propriety of the search of the vehicle, as well as the manner in which his client’s vehicle was stopped.
Based upon all of the information, Mike was able to enter into a negotiation whereby his client entered a plea of guilty to possessing drugs, but the Court “stayed adjudication,” meaning the Judge did not accept the plea and basically put the matter on a shelf for three years, at which time the case will be dismissed as long as Mike’s client successfully completes probation. Rather than face a prison or a jail sentence, Mike was able to convince the Judge to have his client perform 10 days of community service in lieu of jail or other sanctions. This result allows Mike’s client to avoid a conviction, avoid jail, and eventually put him in a place where the records can be sealed once he successfully completes probation.