On behalf of Southworth and Stamman, LLC on Thursday, July 16, 2015.
Possession of Marijuana and it's Consequences. Surprising to many of our younger clients, a first offense possession of even the smallest amount of Marijuana (THC) comes with a maximum penalty of a $5,000 fine and one year in jail, along with a possible suspension of the person's driver's license. See Wis Stat. 961.41(3g)(e)
Though Marijuana is legal in some states, it is not currently legal in Wisconsin, and many of the counties that we practice in (Columbia County, Juneau County, Sauk County, Adams County, and Marquette County) take possession of THC and other drugs very seriously.
Even more shocking, a prior conviction of a drug offense, including simple drug paraphernalia, raises the penalty of a simple possession of THC to a felony!
People charged with possession crimes need an attorney to aggressively litigate issues to protect their rights. At Southworth and Stamman, we keep up to date with recent case law and statutes to effectively litigate and negotiate for our clients.
Here are a few legal issues that could affect your case:
Stop / Search Issues - Fourth Amendment
Many times the police illegally extend the stop by waiting for a K-9 drug dog to find drugs. This raises serious Fourth Amendment problems per a recent U.S. Supreme Court Case titled Rodriguez v. United States.
There could be many other things wrong with the search of your self, vehicle, or house. Depending on what was searched, the police must have specific and complex legal grounds to effect the search. Failing to meet these strict constitutional protections can lead to a dismissal of the charges.
Were you stopped by the police for an appropriate reason? The police must have a reasonable suspicion of criminal activity / traffic violation to stop you. Police are not permitted to pull a person over based upon a hunch or to randomly check for illegal activity.
Possession IssuesWere the drugs actually yours? Many of our clients are charged with drug possession, but the substance found was someone else's. We take our clients' stories seriously and work to prevent our clients from being convicted of a crime they did not do.
Drug testingWere the "drugs" actually in fact an illegal substance per Wisconsin Law? To find a person guilty in a trial, the drugs must be tested by a Crime Lab to verify the drugs are in fact an illegal substance.
This is certainly not an all-inclusive list of the potential issues in a possession case. If you are charged with a crime of drug possession, you should contact an attorney immediately to review your case.
Marijuana Possession in Wisconsin was last modified: July 16th, 2015 by Southworth & Stamman, LLC