Fargo man twice arrested in drug dealing cases may avoid jail time

Schultz, 26, pleaded guilty Monday in Clay County District Court to one count of fifth-degree sale of marijuana after admitting on the witness stand that he worked with another man to sell part of a half-pound stash of marijuana on Oct. 2 to a third man who turned out to be a criminal informant.

Before that, Schultz was arrested June 17 after a traffic stop allegedly showed he had just under 5 pounds of marijuana and $9,928 in cash with him.

Clay County Judge Michael Fritz dismissed the charges in that case, finding under a recent Minnesota Supreme Court ruling that the search of Schultz’s car was unconstitutional.

Fritz found that police originally ticketed Schultz for driving under suspension and failing to register the car, and didn’t intend at the time to arrest Schultz. Nor was his car creating a traffic hazard, Fritz found.

Prosecutors were required to return both the cash and the car to Schultz in the June case.

In exchange for his guilty plea in the second marijuana dealing case, two additional felony drug distribution charges against Schultz were dropped, and his sentence will have a stay of imposition.

That means if he successfully completes the terms of his probation, the felony on his record will be reduced to a misdemeanor.

Schultz’s attorney, Brian Toay, said the jointly recommended sentence wasn’t out of line for someone with no prior felony convictions.

“It’s a low-level felony,” Toay said.

The maximum probation for such an offense is five years, with the average defendant doing half of that, Toay said.

The deal also requires Schultz to complete a chemical dependency evaluation and follow through with its recommendations.

Clay County Attorney Brian Melton could not be reached for comment.

Judge Steven Cahill ordered a presentence investigation in the case.

Schultz is set to be sentenced April 13.