Asked in Criminal Law for Minnesota

Q: How much jail time am I looking at if I am convicted of another 5th degree possession charge

I caught a 5th degree or two of them 5 years ago am I looking at longer time if it's my third 5tg degree with in 5 years

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

A: A 5th degree what? Assault? Drug possession? Drug sale? The underlying charge matters, but I think it’s face to say that the amount of jail time that you are going to serve is going to be more significant than it was for the first one or two offenses.

Thomas C Gallagher
Thomas C Gallagher
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: Tough to know or say without more information. But the Minnesota Sentencing Guidelines call for a presumptive sentence of a Stay of Execution, which could include up to 365 days in county jail as probationary time. For a defendant with priors, most judges will give more time than the defendant got before.

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