Controlled Substance & Paraphernalia Another charge. Another real RESULT.
Location: Waukesha, Wisconsin
A Recent Possession and Drug Paraphernalia Case in Waukesha
Recently, I had a client facing a possession of a controlled substance and possession of drug paraphernalia in Wisconsin Circuit Court. The case was in circuit court because in Wisconsin possession of THC or other controlled substances in any amount equates to criminal charges. In this case, my client was facing up to a year in jail, the highest penalty possible for a conviction on a misdemeanor charge. Beyond that, my client was facing additional penalties professionally, including the loss of his job and the possibility of not being able to continue in his career path.
Game plan: You Are Only Guilty If You Are Convicted®
This case was not simply about what took place at the time when my client was arrested. This was a case where I needed to present to the District Attorney who my client was. So, together with my client, we worked on a game plan that would allow us to present a multifaceted argument to the District Attorney that would:
- Take responsibility for the actions that led to the charges and put in context what was going on with my client
- Create a world that my client would exist in that assured this would not happen again (through treatment, constant checks, and penalties for violations within those parameters)
- Make the District Attorney understand that my client is more than this one charge.
By accomplishing each facet of our game plan, it allowed me to argue to the District Attorney that even without punishment from the Court this case would not be without repercussions; that everything my client had on the line beyond the court case was actually more important and potentially of a penalty for him than what the judge would likely impose; so instead, let’s give him a chance to demonstrate this charge is not who he is.
In the end I was able to negotiate with the District Attorney an outcome that did not include a criminal conviction, but instead amended the charge down to a municipal ordinance (drug paraphernalia ticket) with a fine only punishment. This allowed my client to continue in his career path without the fatal flaw that a criminal conviction would have on him.