What are the types of drug crimes in Minnesota?

In Minnesota, a drug offense is called a controlled substance crime.  Generally, under Minnesota law, there are five (5) degrees of controlled substance crime.  For each level, there are then offenses categorized under possession, or, sales.  Generally, possession is considered less serious than sales.

The definition of “sale” is surprising.  Beware, because “sales” includes just sharing with a friend.  More specifically, under section 152.01, https://www.revisor.mn.gov/statutes/cite/152.01subdivision 15a of the Minnesota Statutes, “sell” means:

  • To sell, give away, barter, deliver, exchange, distribute or dispose of to another, or to manufacture; or
  • To offer or agree to perform an act listed in clause (1); or
  • To possess with intent to perform an act listed in clause (1).

“Controlled substance” is defined as:

A drug, substance, or immediate precursor in Schedules I through V of section 152.02 of the Minnesota Statutes.  The term does not include distilled spirits, wine, malt beverages intoxicating liquors or tobacco.  The Schedules I through V include such drugs as opiates, heroin, hallucinogens, mescaline, psilocybin, psilocyn, peyote (except in specialized circumstances), methaqualone, stimulants, marijuana, synthetic cannabinoids, opium, cocaine, fentanyl, methadone, amphetamine, methamphetamine, depressants, lysergic acid, narcotic drugs, codeine, anabolic steroids, clonazepam, diazepam, loprazolam, lorazepam, and phenobarbital.  These Schedules go on to list about 1000 other drugs.

To hinder the ability to manufacture methamphetamine, the Minnesota Legislature has provided that no person may acquire through over the counter sales more than 6 grams of methamphetamine precursor drugs, within a 30 days period.  Violation of this prohibition is a misdemeanor punishable by up to 90 days in jail and/or a $1000 fine. 

In Minnesota, a drug offense can be a misdemeanor, or a felony.  The maximum penalty for a misdemeanor is up to 90 days in jail and/or a $1000 fine.  The maximum penalty for a felony is anything over 1 year in prison, up to life.  In Minnesota, under Minnesota law, there is no death penalty.   

Best Criminal Defense Lawyer Lynne Torgerson can represent you or a loved one charged with a drug offense.  Lynne Torgerson, a lawyer of excellence and experience in excess of 30 years, is a lawyer on whom you can depend.  Experience makes a difference.  Contact Lynne Torgerson today at (612) 339-5073.

What levels of assault are there under Minnesota law?

Minneapolis Criminal Appeals Attorney

In the State of Minnesota, generally, there are five (5) levels of assault, and, domestic assault. An assault is defined as doing an act with intent to cause fear in another of immediate bodily harm or death, or intentionally inflicting bodily harm upon another. A domestic assault case is an assault case typically involving a romantic partner.

In Minnesota, the five (5) levels, from least severe, to most severe, include fifth degree misdemeanor assault. This usually involves a fist fight, where someone is slapped or bruising occurs. There is an important distinction in misdemeanor 5th degree assault. Sometimes, people just do an act with the intent to cause fear in another of immediate bodily harm. This typically involves lesser consequences. The other type of 5th degree assault is where the person actually inflicts some type of bodily harm. The remainder of the levels are all felonies. Fourth (4th) degree assault is a felony, and usually involves an assault against a law enforcement officer or a correctional officer. Third degree assault is a felony, and usually involves a broken bone. Second (2nd) degree assault is a felony, and usually involves the use of a dangerous weapon. A dangerous weapon usually involves a firearm, a knife, or a motor vehicle. First (1st) degree assault is the most severe, and usually involves the infliction of injuries which are life threatening.

Typically, the extent of injuries inflicted determined the severity level of the offense. These are also defined by statutes. “Bodily harm” means physical pain or injury, illness, or any impairment of physical condition. “Substantial bodily harm,” this is involved in felony 3rd degree assault, is defined as bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which cause a fracture of any bodily member. “Great bodily harm,” which is involved in 1st degree assault, means bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or roan or other serious bodily harm.

For a misdemeanor, the maximum punishment is up to $1000.00 fine and 90 days in jail. The punishment for a felony is one year and one day in prison or longer.

If you or a loved one is charged with a crime, you need to hire a Top Criminal Defense Lawyer such as Lynne Torgerson as soon as possible. Your lawyer needs as much time as possible to work on the case. Top Criminal Defense Lawyer Lynne Torgerson has been practicing in excess of 30 years. Experience makes a difference. Contact Lynne Torgerson today at (612) 339-5073.

Minneapolis Criminal Appeals Attorney

What is Criminal Expungement Law? 529

We all have done things we wish we could just make everyone forget. Expungement law is kind of like that, but in a legal sense. Expungements help in obtaining employment and housing among other things. A good expungement lawyer in Minnesota can work to have your past legal issues expunged.

What is Expungement?

For the most part, there are three types of expungement.

  1. Complete Expungement – An example of this would be where the fingerprints, etc. and records are all destroyed. This is usually where there was no probable cause to support the charge.
  2. Sealing Judicial and Executive Branch Records – In this situation, the records are sealed and employers, for example, cannot find them. This is typically where the case was resolved in a defendant’s favor with no plea or conviction.
  3. Expungement Following a Conviction – Now, even when a case resulted in a criminal conviction, a person may still obtain an expungement of both judicial and executive branch records.

Please note that an expungement can seal the criminal records from showing up on criminal background checks, however, government officials such as immigration authorities and police usually can still get access to sealed criminal records in the instance of a just cause.

Good News For Expungement Law!

There is a relatively new “Second Chance” law. As of January 1, 2015, petitioners can now get both judicial and executive branch records expunged even if they were convicted of an offense.

It used to be that if there was a conviction in their case, people were barred from obtaining an expungement. Under the new statutes, however, a person with a conviction may obtain an expungement. This includes following convictions for…

  • petty misdemeanors
  • misdemeanors
  • gross misdemeanors
  • and a specific list of felonies

The Waiting Period – You Must Be Law-Abiding
The new law has waiting periods for when a person can seek to take advantage of the law, depending on the severity of the offense. These waiting periods generally range from one to years. Importantly, you cannot be convicted of anything during the waiting period. In addition, to be eligible after discharge from probation, you need to remain law abiding. Again, that means you cannot get another criminal conviction.

How Do You Get an Expungement?

The Minnesota District Court Records Access website is a good place to check to find out which cases you need to expunge. Note that if you have a conviction in more than one county, you are required to file your request in each county in which you have a conviction you wish to have expunged. Once you have a list of the cases you want expunged, a petition for an expungement is required for each separate offense. A separate filing fee is also charged for each case where there was a conviction.

We highly recommend hiring a criminal defense lawyer to help you to get the expungements you need. The legal system can be difficult to navigate. Ms. Torgerson has obtained expungements of judicial and executive records for a large variety of cases, including misdemeanors and felonies for adult and juvenile cases throughout the State of Minnesota.

Call Lynne Torgerson, Esq., an expungement lawyer of excellence, for representation on your expungement case: (612) 339-5073

Can I Lose My 2nd Amendment Rights? 497

The Second Amendment of the United States Constitution states:

“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

It may seem from the wording, “shall not be infringed”, that you should not be able to lose your Second Amendment rights, however, there are some circumstances, particularly when someone has been convicted of certain criminal charges, where you can lose your right to bear arms. In fact, this is common enough that there are Second Amendment lawyers who specialize in helping people who have lost their gun rights. If you have lost your rights, you may want to speak with a gun rights lawyer about your options.

How You Can Lose Your Second Amendment Rights
Conviction of a criminal charge in the state of Minnesota can lead to very serious consequences. In addition to fines or incarceration, one of those consequences can be the loss of your constitutional rights, including your right to carry a concealed weapon. You can also lose your right to vote.

This doesn’t just affect conceal carry, though. The Federal Gun Laws very clearly state that any individual who is convicted for crimes which led to imprisonment of one year or more, has no right to…

  • own
  • accept
  • sell
  • ship or transport…

weapons and ammunitions.

In addition, conviction for a misdemeanor domestic assault can lead to a federal lifetime ban on the possession of a firearm. That’s just the federal law. There are also state law bans on possession of a firearm following a conviction of misdemeanor domestic assault, as well as other crimes, such as felonies. Even a civil court order leading to the loss of civil and property rights can lead to the loss of gun rights.

If I Lose My 2nd Amendment Rights, Can I Get Them Back?

It can be difficult to get your gun rights reinstated in states like Minnesota, but it is possible in some cases, particularly with the help of a gun rights lawyer. There are processes to restore your Second Amendment rights, such as:

  • A petition to restore gun rights
  • Expungement
  • Restoration of rights
  • A pardon
  • Setting aside the conviction

These processes can be done, but there are several facets to addressing gun charges. If you or a loved one has lost their gun rights in the state of Minnesota and would like to get them reinstated, it is highly recommended that you find Second Amendment lawyer in Minnesota.

A gun rights lawyer such as Lynne Torgerson can help you in protecting your gun rights, She has over 26 years of experience in dealing with Minnesota gun rights cases. The right to possess a gun or a weapon is a very sensitive issue, and can lead to serious consequences if not dealt in the right way. Lynne Torgerson is a lawyer of repute and will help you to achieve your legal goals. Call now for legal help and assistance, 612-339-5073.

 

Who is the Best Criminal Defense Attorney in Minneapolis? 710

Hiring a criminal defense attorney is a big step to take and there are many questions to ask when researching different attorneys. The best criminal defense attorney for you will fight for the outcome you desire.

 

In Minnesota, Criminal Defense Lawyer Lynne Torgerson Esq. will work tirelessly to defend you against all criminal charges including felonies, misdemeanors, and gross misdemeanors. Based in Minneapolis, Ms. Torgerson has been practicing law for more than 29 years and had successful outcomes at the Minnesota State of Appeals and the U.S. Supreme Court, via a denial of certiorari. She has also been awarded an Attorney of the Year by the Minnesota Lawyer legal newspaper and Attorney for the New Millenium.

 

Hiring an experienced and skilled criminal defense attorney like Ms. Torgerson is a smart decision that you won’t regret. 

 

The Best Criminal Defense Attorney in Minneapolis:

 

1. Will have a proven track record of success

 

Your criminal defense attorney should be experienced in dealing with the law and especially cases similar to yours. He or she should be skilled at defending clients from all charges. Lynne Torgerson defends clients from all charges in Minnesota and has dealt with smaller cases ranging from probation and record expungement to felonies, such as assault. 

 

In 2009, Ms. Torgerson obtained a successful result, via a denial of certiorari, at the U.S. Supreme Court, something few lawyers have ever accomplished. If you need an experienced criminal defense attorney with more than 29 years of success relating to:

 

  • Assault

  • Controlled Substance Crimes

  • Criminal Sexual Conduct

  • DWI & DUI

  • Expungements

  • Firearms/Weapons Charges

  • Juvenile Delinquency

  • Pre-Charge Representation Minnesota Criminal Defense Attorney

  • Probation & Parole Violations

  • Post Conviction Relief/Appeals

  • Theft-Related Offense

 

Contact Lynne Torgerson at (612) 339-5073 or email l@lynnetorgerson.com.

 

2. Will take the time to understand your case

 

The best criminal defense attorney in Minneapolis will take time to understand the specifics of your case by undergoing an intake process. An intake is like an interview where your attorney will go over the facts of the case and talk to you about what you want to do and what your best legal options are. This can take from one hour to three hours. This is also your time to ask questions. 

 

Lynne Torgerson will give you the proper time and attention needed to understand your case and situation. She will always come prepared with questions and also answer any questions you have. Whether there are sudden changes in your court date appearances or the need to fill out legal paperwork, Ms.Torgerson will always keep you in the loop on your case.

 

3. Know who they are working for, with, and against

 

Your criminal defense attorney should know their way around town and have the necessary connections to get things accomplished, such as making plea bargains or knowing whom to contact to get more information. They should also understand they are working for you, the client. This means they should aim to get the result you want and not simply aim to settle for deals.

 

Some lawyers are licensed to practice in multiple states, which broadens their ability to protect more clients, but this also stretches some lawyers’ ability to focus on a specific case.

 

As a Minnesota-licensed and practicing criminal defense attorney of over 29 years, Ms. Torgerson has the experience in Minneapolis to best help you. ”When hard work meets opportunity, luck happens,” according to her motto. She will aim to represent you until the very end. 

4. Treat you with kindness and respect

The best criminal defense attorney in Minneapolis will treat everyone with dignity and respect. He or she should take the time to understand your situation but also make sure the facts come to light. Being empathetic is important for a criminal defense attorney. The best attorneys don’t see clients as potential money coming in, but as humans who require an experienced lawyer to help make their future a better one.

Lynne Togerson has experience representing clients in many types of cases in Minnesota and she always treats her clients with respect. Her 29 years of experience practicing law have led her to meet and work with many types of people. She wanted to become a lawyer because she wanted to protect the rights of everyone. Let her protect your rights in Minnesota by calling Lynne Torgerson at (612) 339-5073 or emailing l@lynnetorgerson.com.