Fergus Falls, MN asked in Criminal Law and Federal Crimes for Minnesota

Q: Can a person get life in Federal prison time for selling a half gram of heroin to a person in a treatment center?

My son sold a half gram of heroin to someone in a treatment center and he overdosed but is alright now. The problem also is he lives in Moorhead MN and the treatment center is Fargo ND. They say it is trafficking and said that unless he works with them they will push for life in a federal prison. He does have 18 half points through the state of MN which 10 of them are from 12 years ago. Can this really happen?

Related Topics:
2 Lawyer Answers
Thomas C Gallagher
Thomas C Gallagher
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: I know the circumstances of my client's cases. But I don't have the facts on other cases. In general however, drug crime penalties are cruel and severe. And in federal court, some drug crimes can result in life imprisonment sentences. So caution would be prudent. But drug police sometimes lie or mislead. And they have a strong incentive to coerce people into becoming informants. That's mostly how they make new cases. The potential-informant faces many risks, including risks to personal safety, and risks of their criminal prosecution. So it's a good idea for that at-risk potential informant to retain a criminal defense attorney first, to help them deal with police and prosecutors, if that's what the at-risk potential informant wants to explore. Finally, I would suggest avoid posting details on a public website about this; because there is some risk that the wrong person could see it.

Jonathan Matthew Holson
Jonathan Matthew Holson
Answered
  • Criminal Law Lawyer
  • Saint Cloud, MN
  • Licensed in Minnesota

A: He needs to consult with a criminal defense attorney immediately - particularly one who practices regularly in federal court. It sounds as if his criminal history score might be quite high and the sentencing guidelines in federal court are far harsher than they are in state court. Undoubtedly, he is facing a significant sentence if he is convicted, but he needs to know the potential outcomes before making a decision to work as an informant. There is also no guarantee that law enforcement will follow through. They cannot guarantee leniency so he needs to get an attorney on board to protect him in the event that he decides to work with the cops.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.