How To Get A Possession Charge Dismissed Wisconsin

How to Get a Possession of Marijuana Charge Dismissed in Wisconsin

Facing a possession of marijuana charge in Wisconsin can be daunting. The penalties can range from fines to jail time, significantly impacting your life. However, understanding the legal process and potential defenses can dramatically increase your chances of having the charges dismissed. This guide provides valuable insights into navigating this situation.

Understanding Wisconsin Marijuana Laws

Wisconsin's marijuana laws are complex, varying depending on the amount of marijuana possessed and the individual's prior record. Knowing the specifics of your case is crucial. The prosecution needs to prove beyond a reasonable doubt that you:

• Knowingly possessed: Did you know you had the marijuana? This can be challenged if, for example, you unknowingly possessed it in a shared space.
• Possessed a controlled substance: Was the substance actually marijuana? Proper testing and chain of custody are essential.
• Possessed a certain amount: The amount of marijuana determines the severity of the charge. Smaller amounts may result in lesser penalties.

Potential Defenses for Dismissal

Several defenses can lead to a dismissal of your marijuana possession charge. A skilled attorney can help determine which defense(s) best apply to your situation:

1. Lack of Knowledge or Intent

Arguing you didn't know you possessed the marijuana is a strong defense. This could apply if the marijuana was found in a shared space, in a vehicle you didn't own, or if you were unaware of its presence. Evidence showing you didn't know about the marijuana, such as testimony from others or lack of direct control over the area where it was found, is vital.

2. Illegal Search and Seizure

If the police obtained the marijuana through an illegal search and seizure, the evidence may be inadmissible in court. This is a powerful defense that requires careful examination of the circumstances surrounding the arrest and search. Fourth Amendment rights concerning unreasonable searches and seizures must be upheld.

3. Insufficient Evidence

The prosecution must prove beyond a reasonable doubt that you possessed the marijuana. If there's insufficient evidence linking you directly to the possession, your attorney can challenge the case's validity. This includes questioning the chain of custody, the testing methods used, and the accuracy of witness testimony.

4. Negotiated Plea Bargain

While not a dismissal, a plea bargain could lead to reduced charges or even probation, avoiding the harsher penalties associated with a conviction. Your attorney can negotiate with the prosecution to achieve a favorable outcome. This might involve community service, drug counseling, or other alternatives to jail time.

The Importance of Legal Counsel

Navigating the Wisconsin legal system regarding marijuana possession charges can be highly complex. It's crucial to seek legal counsel from a qualified attorney specializing in drug offenses. An experienced attorney can:

• Investigate the facts of your case: They will thoroughly examine the evidence, including police reports, witness statements, and the chain of custody of the marijuana.
• Develop a strong defense strategy: They will identify the best legal defense(s) applicable to your situation and build a compelling case.
• Negotiate with the prosecution: They will work to negotiate a favorable plea bargain, potentially leading to a reduced charge or dismissal.
• Represent you in court: If the case goes to trial, they will provide skilled representation to protect your rights and present your defense effectively.

Disclaimer: This information is for educational purposes only and should not be considered legal advice. It's vital to consult with a qualified Wisconsin attorney to discuss your specific situation and legal options. The outcome of any legal case depends on numerous factors, and this information does not guarantee a specific result.