Are you charged with a controlled substance crime in Minnesota that calls for a prison commit? Are there no defenses in your case and you are about to give up all hope? Help is on the way. You just need to prove to an open-minded judge at the time of sentencing that you are “particularly amenable to treatment in a probationary setting.”

Your criminal defense attorney will need to file a motion for a dispositional departure from the presumptive prison commit  along with a memorandum  outlining the applicable law and all the progress you have made towards rehabilitation while the case was pending in court. Court appearances in your case  will need to be continued  out as long as possible so that  you can use the time to complete treatment and prove to the court your efforts towards rehabilitation.

I recently represented a client in Kandiyohi County who was facing a 58 month prison commit on a  Second Degree Controlled Substance case involving the possession with intent to distribute 18 grams of methamphetamine. I advised him to immediately obtain a chemical health assessment and  follow all recommendations. The assessment recommended outpatient treatment which he completed with honors. The discharge report from outpatient treatment recommended that he transition to a half-way house. My client entered the  half-way house and completed the program with a stellar performance. After the half-way house, he transitioned  to a sober house where he participated in  nightly group meetings. On top of all that he obtained full-time employment! By the time  the sentencing hearing occurred one year later, he was able to prove to the court that he was particularly amenable to treatment in a probationary setting. The judge granted the defense motion for a dispositional departure. All hope was restored when my client was sentenced  to 90 days in the county jail to be served on weekends so he could continue to live at the sober house during the week and attend meetings. Help is on the way!