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Can I receive a possesion/paraphanalia citation or ticket in the mail?

Green Bay, WI |

I was driving when a police officer pulled me over and asked for my license. I did not have my license on me so he just wrote down my name, birth date and phone number. He then told me that my car smelt like marijuana and asked if i had any drugs in the vehicle and that he can call a drug dog in to search. i replied yes and handed him under a gram of marijuana, a pipe and a grinder he then began to talk to me saying that he could give me $500 misdemeanor for the possession and another $500 for paraphernalia. He also started talking about civil citations and then gave me a speech about how he knows its a light drug but use can get me into trouble with finding a job/ career. He then sent me on my way home without writing me single thing. So my question is will i receive anything in the mail?

Or did i just get very lucky I was stopped by a County Sheriff.

Attorney Answers 3

Posted

You may very well receive a ticket in the mail, it is up to the officer whether or not he writes, and sends you a ticket. He may also refer criminal charges to the district attorney's office. You can check CCAP periodically and see if any criminal charges have been filed.

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Asker

Posted

Will charges be on CCAP before i get anything in the mail? and if there's nothing on CCAP everytime i check does that mean i wont get anything in the mail? Because he told me that nothing will be on my record because this is my first offense but next time he sees me he will give me a misdemeanor and bring me straight to jail. Was he just scaring me straight?

Chad Russell Thomas

Chad Russell Thomas

Posted

Hard to say. It sounds like it might be a civil forfeiture, which wouldn't show up in CCAP at all if it were through a municipal court. Misdemeanors would, but whether it would show up before it comes in the mail depends how long it takes to get it into the computer. I've had things I file show up within hours to up to a week later.

Posted

A citation in the mail would not be the worst possible outcome. You could also be charged criminally with the possession of marijuana and drug paraphernalia, and based upon your apparently admissions, the prosecution would not have to work too hard to get convictions. Once you have one misdemeanor marijuana possession conviction on your record, simple possession becomes a felony.

Your right to remain silent does you no good unless you exercise it, and there is never any percentage in voluntarily speaking to the police.

Consult a defense lawyer in your area about what to expect next, and stop talking to the police.

This answer is provided for general information only. No legal advice can be given without a consult as to the specifics of the case.

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Posted

Wow, Wisconsin is harsh for such a minor possession quantity. That is surprising to me given the state's relatively permissive view on DUI offenses. Move out west and incidents such as these will not be an issue.

Disclaimer Information on this site is provided by Brian Scott Wayson as general information, not legal advice, and use of this information does not establish an attorney-client relationship. If you have questions about your specific situation, please call an attorney.

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Michael C. Witt

Michael C. Witt

Posted

There is nothing permissive about Wisconsin's OWI penalty scheme. The anamoly of a non-criminal first offense has more to do with our court system stucture, and the inability of our statutory municipal courts to handle criminal charges than anything else. The cost of revamping the courts just to criminalize a first offense is prohibitive. Otherwise, our penalty scheme harsh, and more inflexible, as it does not allow for court supervision or diversion of these offenses. By law, OWI charges must result in a conviction for OWI, unless the court can go on the record and justify amendment or dismissal of the charge. Wisconsin is not a friendly place to get arrested for anything. "Come on vacation, leave on probation" isn't even true anymore, since it became harder to transfer misdemeanor probations. The current governor has declared the State "open for business". He just left out the minor detail that said "business" is corrections.

Brian S Wayson

Brian S Wayson

Posted

Thanks for the clarifications.

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