Possession of THC Ticket, First Offense

[Snapper23]

My question involves criminal law for the state of: Wisconsin

I was pulled over about a day ago in Wisconsin for speeding.. When the xop pulled me over he said he smelt marijuana coming from my car. Well I was coming from work and wasn't smoking at all. He told me to step out of the car. I told him I had nothing on me and he asked to search my car I said I didn't see the reason and he threatened to bring the k9 unit and tow my car. I then told him that there was a small amount in my overnight bag. It was literaly a pinch in a pill bottle from the weekend that I never took took of my car. I have never even bought weed before. It was a tiny bit someone found and gave to me. I know it doesn't make a difference it was just kind of crappy how it all went down. Reguardless I was cuffed and arrested. They finger printed me and took my mug shots. I got a possesion of thc ticket as well as a speeding ticket. The possession of thc was for $429. The officer told me to call him if I had any questions. I did but he still hasn't gotten back to me so this is why I'm on here. I was also looking at talking to an attorney. I have no idea what's going to happen to me. If I plead guilty will I go to jail? He told me my job wouldn't find out and neither wouldy college. I ha two Friends that got busted in the dorms in college and they just had to go through a class and I think it was taken off thier records. Is there any way to get it expunged? I don't want it in the newspaper or to show up if someone does a backround check on me.... This is my first offense and definately my last. I am 19 years old. What I basically want to know is what happens if I plead guilty or is there anything I can do to get it exspunged. I have no idea what's going on and I don't want to go to jail. Any help is greatly appreciated.

[cdwjava]

The first thing you need to understand about marijuana is that it has a pungent, distinctive aroma. You may not have smoked it that day, but the odor of marijuana - even dried or green and not smoked - can linger for days. If anything you had been wearing or left in the car had been near marijuana in the past several days or even a couple weeks, perhaps, then the officer could smell it.

The next thing you need to understand is that the time to consider consequences is BEFORE you break the law, not afterwards.

This link can answer some questions for you:

http://wcca.wicourts.gov/faqnonav.xsl

And from one attorney's site:

Permanent public records exist that outline the details of your criminal case. These records are maintained by the police agency who initiated the investigation, the State Attorney's Office, the Clerk of Court, the Department of Corrections, and the Federal Bureau of Investigation. "Rap-sheets" are also available that make the information about your arrest quite accessible. These are public records that can be easily accessed free of charge. Often employers credit agencies and licensing authorities check such records for purposes of employment.

An expungement or expunction as it is called in Wisconsin results in the sealing of these criminal records and physical destruction of any records maintained by the Court and the prosecutor and law enforcement agencies such as:

* The arresting agency
* The booking agency
* The Department of Corrections
* The Division of Public Safety*

The term sealing refers to arrests, charges and the conviction. Additionally, the conviction may not be used in any subsequent court proceedings. Often an expungement is helpful when seeking employment or promotion in certain fields such as law enforcement, military, executive positions, bank and other fiduciary positions.

* The court
* The arresting agency
* The booking agency
* The Department of Corrections
* The Division of Public Safety

The Court may expunge a record for a misdemeanor conviction after the completion of any any sentence or probationary period if it determines that:

*

The person was under 21 at the time the offense was committed (not at the time of the plea);
*

The person will benefit is some way from the expungement (usual benefits include employment opportunities or appointments); and
*

Society will not be harmed.

Additionally a person seeking an expungement must not have been convicted of any subsequent offense or violated any term of probation.

An expungement is most often available for drug offenses. With the aid of counsel, drug offenders may often receive a deferred prosecution. That means that the defendant will admit guilt but the Court will not pass judgment until a probationary period of time has passed. If after thee probationary period the defendant has complied with all terms and conditions of probation (eg. remaining law abiding, attending treatment etc..) the case is dismissed. A dismissal means there is no conviction for the crime. In such cases a defendant may still wish to expunge the record to erase the record of the arrest.

[Snapper23]

My car was very expensive and the seats are a special material so I have never nor Have I ever let anyone smoke in my car. I had my work clothes on as well so the only place the smell could have came from was the pill container which I couldn't smell throught. I understand what I did wrong but that's the only time I have ever had it, but I guess it only takes one time.

The only thing that I am concerned about is could I go to jail if I plead guilty I court? The cops said it was just like a speeding ticket and it wasn't a mistaminer or whatever he said forfeiture or something along those lines.

[cdwjava]

My car was very expensive and the seats are a special material so I have never nor Have I ever let anyone smoke in my car. I had my work clothes on as well so the only place the smell could have came from was the pill container which I couldn't smell throught. I understand what I did wrong but that's the only time I have ever had it, but I guess it only takes one time.

The stuff is pungent and could have been on your clothes, a backpack, a bag, most anything - maybe even leaching from the pill bottle. Those of us that do not smoke it can usually smell it with ease.

The only thing that I am concerned about is could I go to jail if I plead guilty I court? The cops said it was just like a speeding ticket and it wasn't a mistaminer or whatever he said forfeiture or something along those lines.

If you have been cited for the section listed below, jail is a possibility (though probably not too likely):

961.41(3g)(e)
(e) Tetrahydrocannabinols. If a person possesses or attempts to possess tetrahydrocannabinols included under s. 961.14 (4) (t), or a controlled substance analog of tetrahydrocannabinols, the person may be fined not more than $1,000 or imprisoned for not more than 6 months or both upon a first conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense is considered a 2nd or subsequent offense if, prior to the offender's conviction of the offense, the offender has at any time been convicted of any felony or misdemeanor under this chapter or under any statute of the United States or of any state relating to controlled substances, controlled substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or hallucinogenic drugs.

[Snapper23]

So look for 961.41 on the ticket then?

[cdwjava]

So look for 961.41 on the ticket then?

The statute should be on the citation ... or on whatever paperwork you get from the court. I am assuming it is this one, but it might be something else.

[Snapper23]

The statute should be on the citation ... or on whatever paperwork you get from the court. I am assuming it is this one, but it might be something else.

It says ... Defendant violated 54.100 (56) on the citation

The ticket says that a court appearance isn't mandatory and I believes it's at the municiple court

[cdwjava]

It says ... Defendant violated 54.100 (56) on the citation

The ticket says that a court appearance isn't mandatory and I believes it's at the municiple court

It is probably a local municipal code and not a state law.

What city was this in?

[Snapper23]

It was in Waukesha/Pewaukee but I believe it was Pewaukee. The most important thing is that I just don't want to go to jail. I go to college and Start my junior year in fall. I mean the cop told me it was just like a speeding ticket. That's why I'm kist wondering if I plead guilty in court do I just pay the fine of $429 and then it goes on my record? Or what happens they cuff me and take me to jail? I honestly have no clue about any of this. Should I get a lawyer or attorney to work something out with the judge. I'll do what it takes to not go to jail. I mean I've gotten a speeding ticket and I plead guilty and they made me pay the fine and then I was on my way. That's what the officer made it seek like when he was explaining it to me so now I'm confused. The statue no. Was left blank

[cdwjava]

I am afraid I really do no know the ins and outs of your state's laws on such things. You might want to at least consult an attorney to find out what kind of record (if any) might attach to a municipal code violation of this nature. You might also want to ask if it can effect your driving status or not. In many states, a conviction of a STATE code violation for alcohol or drugs can cause a problem with a driver's license ... but, at 19, that might not be an issue. I just don't know, and I do not want to steer you wrong. Sorry.