Minnesota Drug Charges Defense Lawyer

CASE LAW UPDATE:  Whether the drug test was a condition of release not a term of the plea agreement?    

Defendant was convicted of 1st degree sale of methamphetamine and 2nd degree possession of methamphetamine, pursuant to a plea agreement.  Defendant appealed her sentence.  On appeal, defendant argued that the trial court improperly participated in plea negotiations by requiring her to take a drug test, and then penalizing her for failing to comply with this condition by imposing a lengthier sentence than recommended under the plea agreement.  The Minnesota Court of Appeals concluded that the requirement of a drug test was a condition of release pending sentencing, not a term of the plea agreement.

State v. Bigelow, A20-0600, Olmsted County.

Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

By |2021-03-07T22:56:45+00:00March 7th, 2021|Victories/Case Law Updates|0 Comments

About the Author:

Leave A Comment