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What are the chances that my charges against me will be removed?

Marshfield, WI |

I was caught for a possession of marijuana and it was less than half a gram. The police told me that it wasn't a serious issue because of how small the amount was, but what are the chances that they will just remove it?

Attorney Answers 3


  1. Slim to none. First offense simple possession of marijuana is a criminal misdemeanor in WI, although the prosecution has the discretion to issue it as a forfeiture action. A second offense is a felony, so you want to avoid that first offense conviction if possible. You need a lawyer, now.

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


  2. You cannot rely on the cop who just busted you for good legal advice. Cops are not lawyers, and often think they know more than they do about the law.
    I think there's very little chance a drug charge will "just be removed." The police don't make that decision anyway. The prosecutor, the judge, and your defense lawyer are part of that decision-making process.
    The cop is partly correct that possessing a small amount of marijuana is not the most serious charge. Is sure ain't murder. But a drug charge can have a serious effect on your chance to get a job, get financial aid for school, and on your reputation in general. A drug charge is something that you need to take seriously, because it can affect the rest of your life.
    If you received a ticket with a non-mandatory court date for a violation of Marshfield ordinance Sec. 10-39, then you don't have a criminal charge.

    My answer to your question is based on the facts that you provide in your question. Additional factual details about your situation could change my answer completely. The law in inherently uncertain and always subject to change.


  3. There is virtually no chance that it will just go away. It may end up being charged as an ordinance. This is not a criminal charge. Note, also, that Sun Prairie, Madison, Milwaukee, and some other locations have chosen to charge possesssion of a small amount of Marijuana as non-criminal. Even an ordinance charge may have drivers license penalties.

    If you are charged criminally, you have no way to force a non-criminal outcome. Jefferson County, Columbia County, and Sauk County, all charge this as a crime. The criminal law consequences of marijuana use far exceed any medical consequences. Convictions for this can really mess up your life. You should consider changing your drug of choice to alcohol even though it is a much more harmful drug, in my opinion.

    Also, if you have any THC in your blood, you can get an operating under the influence charge in Wisconsin (even if it does not impair your driving).

    Police do not have to be honest with you. They are trained to lie if they think it will help with an investigation. On the other hand, if you lie to them, it is a crime. See the link below about talking to the police.

    Marijuana Prohibition History http://addbalance.com/marijuana.htm

    If you are charged criminally you will want to have a lawyer. If you are charged as an ordinance you will want to make sure of what the penalties are.

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    Thank you.

    --- Experienced Criminal Defense Lawyer in Madison, Dane County, Wisconsin
    http://addbalance.com

    --- Facebook Page
    http://www.facebook.com/CriminalDefenseMadTown

    --- Talking to the Police - Advice from Lawyers and Police
    http://addbalance.com/police.htm

    --- Miranda Rights (and Wrongs)
    http://addbalance.com/miranda_rights.htm

    DISCLAIMER:

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    I am an experienced Wisconsin criminal defense lawyer practicing in Madison (Dane County) Wisconsin. The laws in each jurisdiction can be very different. I cannot give legal advice over the Internet nor can I establish an attorney client relationship with you.

    If something I say disagrees with what your own lawyer is telling you, you should rely on your lawyer who is familiar with you, your entire case, the local courts and practices.

    Most questions are just better handled by an attorney familiar with the procedures of the courts in your area. Few, if any, legal matters should be handled via Internet communication. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services.

    This AVVO Answer is provided for general educational purposes only.

    Click on the “more” link below for more important information about the answer and AVVO.

    Confidential information should not be disclosed in this Internet forum. Click on the "More..." link for IMPORTANT INFORMATION about this AVVO Answer. . . . . . . . . . . . . . . . . . . . . . . . . . . . I am an experienced Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.

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