Legal Question in Criminal Law in Wisconsin

I recieved a possesion/use of marijuana ticket, but was not in possession of any marijuana or a marijuana pipe. I was not taken to a hospital to test my blood for THC and was not even given a field sobriety test. Can I recieve this ticket if there is no evidence against me?


Asked on 5/29/10, 6:36 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

The pipe itself is evidence which is probably sufficient to convict you on a drug paraphernalia charge in circuit court, particularly if there is THC residue in it. I cannot tell if your "ticket" requires you to go to municipal court of circuit court, but if it is municipal court, you may wish to consider "leaving well enough alone" since you cannot be convicted of a crime in municipal court or sent directly to jail as a result of a conviction there. Municipal ordinances are therefore technically not "crimes." Either way, you owe it to yourself to at least schedule a free initial consultation with a criminal lawyer who can better advise you after reviewing the paperwork. It also may be possible to move to suppress the evidence if the search or seizure of the evidence was illegal in any way. My comments in this online forum are offered for public educational purposes only and are not legal advice, nor do they create any attorney/client relationship between us. Even if I were advising you, the background information which you provided did not include sufficient detail to allow any sort of reliable advice upon which you should rely. Finally, I may be able to represent you if you contact my Racine office and make arrangements formally retain me. I represent clients throughout the state of WI.

Read more
Answered on 6/04/10, 4:41 am


Related Questions & Answers

More Criminal Law questions and answers in Wisconsin