The Legislature

The laws are written by politicians. Some laws make sense. Some don't. And it is not until you are charged with a crime do you realize how frustrating some of the laws are. A few example of controlled substance laws that are troubling:

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1. The weight of bong water can be added to the weight of the controlled substances to increase the severity of your crime. See State v. Peck, 773 N.W.2d 768 (Minn. 2009). Even if the weight of the controlled substances is very small and weight of the bong water is small, they can still add the weight. Which in some circumstances could add years to a person prison sentence just for possessing bong water. 

2. The Minnesota Supreme Court acknowledged that the undisputed scientific evidence is that cocaine is regulated too severely, but deferred to the legislature's ability to create the law. State v. Vernon, 283 N.W.2d 516 (Minn. 1979).

3. Being convicted for a felony drug offense involving a small amount of controlled substances for personal use results in a lifetime ban of firearms for being a crime of violence, even though there was no violence all all involved in the drug crime. See Minn. Stat. 624.712 Subd. 5. 

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The laws frequently cut against the accused in ways that create unfairness. Being perceived as tough on crime motivates a lot of politicians as they make the laws. But they don't realize how it undermines our justice system when unfair laws are created. It's important that you get a good criminal defense attorney who is knowledgeable about the laws that cut against the defendant and is good at strategizing to use the laws that are helpful to the accused. 

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Conclusion

Each case is different and requires a close analysis of the facts. If you are being charged with a drug crime, you likely do not want a DWI lawyer. You want somebody who focuses on defending drug crimes to craft the best defense for your drug case. Call Subzero Criminal Defense today. 651-248-5142.