Results 1 to 9 of 9
  1. #1
    Join Date
    Jul 2006
    Posts
    5

    Question Wisconsin Possession Charges

    I'm posting in order to ascertain some advice about a recent legal situation I ran into in Wisconsin (East Troy for the Dave Matthews Concert specifically). At this point, I've read up on the laws a bit and have sought online reference to see who to contact regarding this situation. I'm a sophomore at school in Illinois and am very interested in law. As such, this event comes as a particular disappointment to me, since it can have ramifications ranging from now (675 dollar tickets and student loans not continuing for one year) until any time in my distant future. I've been operating almost entirely separately from my parents for years now, taking my own motivation as fuel...but this issue stands to change that.

    I was at the concert in East Troy, Wisconsin and had arrived later than some of my friends to the show and was thus directed to a different parking lot. I'm 20 years old and from Minnesota, but I attend school in Illinois. Since we were late, we wanted to meet up with them and grabbed a few beers (2 in my pockets) and one in my hand. Two of my other friends had beer on them (one had a beer leaking in the pocket since it had burst in the cooler). All weekend people had been tailgating in the parking lots and there was little or no supervision. Big mistake on my part, but I never imagined that suddenly I'd run into these officers.

    Needless to say, I made an error in judgement at the time and I was walking to the other parking lot where my other friends were. We were walking near a camper when one of my friends noticed the beer gushing in his pocket and stopped, saying "Guys, I have to go to the bathroom quick, this is making a mess." Turns out some of the guys sitting at the camper were cops, and it was a Walworth County mobile police unit camper. They heard my friend and stood up, misreading his hesitation as a sign that he was scared of walking past them. They approached us and immediately ushered us towards their camper. Upon getting there, they took the beers and immediately held our hands behind our backs and searched our pockets, while asking if we had ID. We gave them ID and in the process of the search, they found a joint and a little cannabis when searching through my sunglasses case. They immediately wrote up both charges, underage consumption and possession of marijuana. Upon writing all of this up, they released us back to the concert, sans the cannabis and beers, but plus two tickets (one for underage posession/consumption and the other for posession of marijuana) totaling 675 dollars (250 for the minor, the rest for the marijuana).

    It was an error in judgement and had I known that random camper was a police unit, i would have never been drinking beer and we planned on hiding the cannabis in a very discrete manner (as the actual search into the concert was rather weak and you actually knew when it was coming). This was the only time and place we ever saw any of these camper units or "more serious" cops.

    My questions: #1) Does anything seem wrong with the case? They conducted everything in a very textbook manner, or so it seemed to the naive eye. They were by no means nice but they were professional in conduct.

    #2) How long would either of these stay on my record and who can access it? I live in a different state (MN) and go to school in yet another state (IL)...although they're all adjacent.

    #3) I know it's a tough question...but I was given a 430 dollar possession ticket plus a 250 dollar underage consumption ticket. I do not need to appear in court, but would it be to my advantage to do so? I have friends that have had lesser charges/fines if they went...but I'm not sure. I'm willing to try everything to get (at least some of) this off my record.


    Anyway, apologies for the long write-up, but I wanted to be detailed. Any and all advice/opinions on the issue are welcomed. If you wish to speak more or think I may have a case or a bit of advice (perhaps negotiation? adjudication or deferred sentencing? community service/classes rather than permanent record?), any and all would be welcomed. Thanks much in advance.

    These tickets were issued at the same time and they are the only offenses on my record.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Wisconsin Possession Charges

    Do you know the precise charges - statute citations? These are both criminal offenses?
    Quote Quoting atomiks
    #1) Does anything seem wrong with the case? They conducted everything in a very textbook manner, or so it seemed to the naive eye. They were by no means nice but they were professional in conduct.
    It doesn't sound like it. But you can have the details reviewed by a local criminal defense lawyer as "the devil is in the details" (so to speak).
    Quote Quoting atomiks
    #2) How long would either of these stay on my record and who can access it? I live in a different state (MN) and go to school in yet another state (IL)...although they're all adjacent.
    If these are criminal charges, the record of a criminal conviction is indefinite.
    Quote Quoting atomiks
    #3) I know it's a tough question...but I was given a 430 dollar possession ticket plus a 250 dollar underage consumption ticket. I do not need to appear in court, but would it be to my advantage to do so? I have friends that have had lesser charges/fines if they went...but I'm not sure. I'm willing to try everything to get (at least some of) this off my record.
    If it were me, I would consult a local criminal defense lawyer to discuss what sort of deals I would be likely to get, and to try to get the most favorable resolution of the charges.

  3. #3
    Join Date
    Jul 2006
    Posts
    5

    Default Re: Wisconsin Possession Charges

    Looks like for the MIP it's ordinance number 38-34(6) and adopting state statute 125.07(4)(b). The Marijuana one is Ordinance #38-32.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Wisconsin Possession Charges

    Looking at the MIP statute, it appears that the offense is classified as a "violation", which should mean that it wouldn't result in a criminal record - confirm that with a local lawyer, though. I don't know about the marijuana violation - you need to check the ordinance (or ask a local lawyer) to see if it is a misdemeanor or a violation. If you can resolve the charges with nothing worse than a violation you're in good shape - but keep in mind the possible additional penalties, such as driver's license sanctions.

    If it were me and I had to plead guilty to one or the other as part of a plea bargain, I would pick the MIP, simply because it's not a "drug" charge. (Sure, alcohol is a drug, but it's a good drug so we pretend it isn't, or something like that.) But I would try to get a deferment or dismissal for both, such that I didn't even have the violation on my record.

  5. #5

    Default Re: Wisconsin Possession Charges

    OP be glad you got to back to the concert. During a similar experience in Milwaukee some years ago, my friends were hauled off to jail (refusal to show i.d.-charged as disorderly conduct). As Mr. said check with a local lawyer. In Milwaukee County the possession is a misdemeanor, but in Madison (city) it is not. It believe it used to be a misdemeanor in Walworth County as well, but that was many, many years ago.

  6. #6
    Join Date
    Jul 2006
    Posts
    5

    Default Re: Wisconsin Possession Charges

    Sec. 38-32. Possession of marijuana.
    Subject to the express exceptions set forth at Wis. Stats. § 961.41(3g)(e), the possession by any person of 25 grams or less of marijuana in the county is prohibited. For the purposes of this section, "marijuana" shall have the definition set forth in Wis. Stats. § 961.01(14).
    (Ord. No. 122-04/90, § 1, 4-19-90; Ord. No. 345-03/06, pt. I, 3-14-06)
    State law references: Authority to adopt, Wis. Stats. § 59.54(25).

    References this from wisconsin state law:
    59.54(25)
    (25) Possession of marijuana. The board may enact and enforce an ordinance to prohibit the possession of 25 grams or less of marijuana, as defined in s. 961.01 (14), subject to the exceptions in s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the ordinance; except that any person who is charged with possession of more than 25 grams of marijuana, or who is charged with possession of any amount of marijuana following a conviction for possession of marijuana, in this state shall not be prosecuted under this subsection. Any ordinance enacted under this subsection applies in every municipality within the county.

    ...which is subject to this:
    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.

    that might help

  7. #7
    Join Date
    Jul 2006
    Posts
    5

    Default Re: Wisconsin Possession Charges

    I just spoke with a local criminal attorney on the issue. He stated that (correct me if i'm wrong as he may not have looked at the citation too closely, and this is a rather big issue) these are in fact just violations and are not criminal. Thus, I would not have a record after them, and should in fact just pay the 675 and shrug it off. He said that if I in fact went to court (which is a 4.5 hour drive + 60 in gas + attorney fees), I may be able to knock off a little of the fine...but it'd probably be less than the expenses to get it. There is no deferment in wisconsin for this. He sounded knowledgable and obviously knows 100x what I know on the issue...my only question -- are both of my citations indeed just violations and not criminal? I'm not that experienced in dealing with citations (i've been nailed for speeding but thats it), so I don't really know exactly which is which. They both say 'violation', but I violated 'crimes' (according to the layman's definition) in both...and unrefined logic, which doesn't hold much water in this type of dispute, would say that any drug-related 'violation' of a local/state/federal law was a 'crime'... that's where my uncertainty comes from. Just want to check!

    He asked if either of them said appearance in court was mandatory. The alcohol one says "no" in the checkbox...but there isn't any mention on the marijuana citation of mandatory appearance. The same court date is listed on both, but at different times. There are just 3 sheets of paper...two pink (one for the MIP and another describing the marijuana) and one green specifying the total bond amount of 675 and telling me of my options to plead guilty/etc. Maybe that'd help. I cited the specific statutes above if that helps, and could provide more information if needed. More info can be obtained online at the respective websites for the county and state.

    And hey, for all I know, first degree murder is a 'violation' of the law too...but that one is instead 'criminal'...and a felony. A lot worse than having a joint in my pocket and holding a beer [i blew a 0.002]. Serves me right for being a fool though and walking with a beer...just ironic that the time I got a minor was when hadn't had more than a sip of a beer and was surrounded by 35,000 people (largely underage) drinking beer in a parking lot...and the time I got possession of marijuana was a time when I wasn't even/hadn't even been smoking and had very little pot on me. Oh well...teenage (or 20 year old) trifecta...don't be obvious and keep a low profile. Let me know if you have any more information and thanks for all the help.

  8. #8
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Wisconsin Possession Charges

    I have told you all I can, within the limitations of a forum. If you need a better understanding of the charges against you, and don't wish to rely upon the assessment of the first lawyer you consulted, consult a second lawyer.

    If you contact the court, you should be able to confirm whether or not a court appearance is required.

  9. #9
    Join Date
    Jul 2006
    Posts
    5

    Default Re: Wisconsin Possession Charges

    Just an update... i've taken your advice against the advice of the other attorney. I talked to another attorney in the area and faxed him a detailed-write up of the event and copies of the specific tickets. He agreed that this may indeed be a big bummer if I ever want to go to law school (i've always wanted to do this and have worked hard to maintain a high gpa at northwestern university and in high school)...he thinks with that argument, perhaps a copy of my transcript and other information, I will likely be able to get some type of deferment or community service or something. I'll post again if i have another question or update. Thanks guys

    1. Sponsored Links
       

Similar Threads

  1. Drug Possession: Arrested for Possession of THC and Paraphernalia in Wisconsin
    By Gonzo1323 in forum Criminal Charges
    Replies: 6
    Last Post: 04-18-2011, 07:08 AM
  2. Drug Possession: Possession of Marijuana and Paraphernalia, Second Offense, in Wisconsin
    By askmeno in forum Criminal Charges
    Replies: 2
    Last Post: 09-03-2010, 08:22 PM
  3. Adverse Possession: Wisconsin Adverse Possession
    By Anubis16 in forum Real Estate Ownership and Title
    Replies: 3
    Last Post: 08-01-2007, 03:25 PM
  4. Drug Possession: First Offense Possession And Paraphernalia Charges in Wisconsin, at 17 Years Old
    By Well Yeah in forum Criminal Charges
    Replies: 2
    Last Post: 06-27-2007, 08:09 AM
  5. Paraphernalia: 16-year old with drug paraphernalia possession in Wisconsin
    By jelephant in forum Criminal Charges
    Replies: 4
    Last Post: 12-04-2006, 06:17 PM
 
 
Sponsored Links

Legal Help, Information and Resources