Felony Drug Charges Result in No Conviction
Mike Brandt’s client was charged with Controlled Substance Crime in the Third Degree from an incident occurring in Beltrami County in August of 2016. Mike’s client was the subject of a narcotics investigation and the police executed a search warrant at his home where they found approximately twelve pounds of marijuana. In addition to the marijuana, the police also found numerous firearms. Because of the law that says if a firearm is used in the commission of certain crimes, Mike’s client was facing a mandatory minimum of three years in prison.
In preparing the case, Mike challenged the propriety of the search warrant and pointed out that in the search warrant the police had misrepresented information about the criminal record of the informant. Prior to the start of the hearing where Mike was challenging the search warrant, Mike entered into a negotiation where the State agreed not to pursue any prison sentence and reduced the charge to possession of marijuana, as opposed to sale of marijuana. At the sentencing hearing, Mike was able to convince the Judge to stay the adjudication of sentence, which means that the Judge did not accept the plea and placed Mike’s client on probation without any conviction on his record. Mike’s client was placed on probation with some minimal conditions. As long as Mike’s client successfully completes his probation, the charge against his client will be dismissed and his client will be eligible to have his record expunged (sealed).