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Intoxicated Possession & Trespassing Another charge. Another real RESULT.

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Location: Waukesha, Wisconsin

Outcome: Dismissed!

Imagine this: you're fighting with your significant other, you to their home, but don't want to leave your gun in the car that is parked on the street, so you do the logical and seemingly responsible thing: bring the gun inside the house and fall asleep on the bed.  The next thing you know, you are being woken up by police officers shining flashlights in your face. You are arrested and charged.  No field sobriety tests, no blood tests, just arrested on the word of someone else – not you. You were sleeping! What in the world could you be charged with? Did you know that being intoxicated and having a firearm near you is a crime?

Our client had this exact scenario when he was awoken by police officers yelling with a flashlight in his face. He was accused of intoxicated use of a firearm in Wisconsin and criminal trespass to a dwelling.  But with our representation, we were able to point out to the jury there was simply not enough evidence obtained to prove either of those charges.  Our client was not given the opportunity to do Standardized Field Sobriety Test’s (SFST’s).  There were no blood results produced to show what his blood alcohol concentration was at the time of the arrest.  He was barely even asked his side of the story.  However, the State believed they could prove the charges beyond a reasonable doubt, even with a notarized statement from the complaining witness clarifying the whole mix up. We took this case to trial with a jury of 12 of his peers. 

Our Grieve Law attorney was able to point out the lack of evidence of these crimes and a jury agreed that the evidence produced was not enough. A jury found our client NOT GUILTY on two counts: intoxicated possession of a firearm and criminal trespass to a dwelling. Through testimony and evidence, we were able to show the State was unable to meet its burden and a jury of his peers found him not guilty at jury trial.  Great defense win!

If you are facing other alcohol-related charges such as a 1st offense drunk driving charge in Wisconsin, Tom Grieve is here to help. 

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