Charged with posession of a controlled substance on school grounds

[Knowlop]

What is the name of your state (only U.S. law)? Wisconsin

Here's the difference between my charge and most other drug charges. I had gotten my name mentioned by a student who had gotten caught at my school who had sold to me muscle relaxants. I had flushed them a couple hours previous to getting pulled out because I heard the student got caught. I knew the evidence was against me, they had the money and the confession but no evidence. I admitted to buying it, I had no intentions of lying and obscuring the truth. I told them what happened and I was suspended for three school days with an expulsion meeting after. Thing is, at my meeting I was let back in school, but I was also issued a ticket for possession of a controlled substance. They searched me and my backpack and found nothing but I still received a $434 citation for the controlled substance I didn't have.

So I'm a juvenile, I am 17 years old. And I have court in the morning, I am not sure how it is going to play out, but I absolutely cannot see the legality of issuing a citation for a completely wrong charge and it seems pretty darn close to what I would call defamation, and I know there are laws against such things. So I'd like to know how I should play my cards tomorrow, can I bring that up with solid arguments? Or is it all completely different because it was on school grounds? Anything to increase my chances of a fair trial.

 

[quincy]

What is the name of your state (only U.S. law)? Wisconsin

Here's the difference between my charge and most other drug charges. I had gotten my name mentioned by a student who had gotten caught at my school who had sold to me muscle relaxants. I had flushed them a couple hours previous to getting pulled out because I heard the student got caught. I knew the evidence was against me, they had the money and the confession but no evidence. I admitted to buying it, I had no intentions of lying and obscuring the truth. I told them what happened and I was suspended for three school days with an expulsion meeting after. Thing is, at my meeting I was let back in school, but I was also issued a ticket for possession of a controlled substance. They searched me and my backpack and found nothing but I still received a $434 citation for the controlled substance I didn't have.

So I'm a juvenile, I am 17 years old. And I have court in the morning, I am not sure how it is going to play out, but I absolutely cannot see the legality of issuing a citation for a completely wrong charge and it seems pretty darn close to what I would call defamation, and I know there are laws against such things. So I'd like to know how I should play my cards tomorrow, can I bring that up with solid arguments? Or is it all completely different because it was on school grounds? Anything to increase my chances of a fair trial.

The confession was not all that smart. The best way to increase your chances of getting out of a ticket you talked yourself into is to get an attorney.

It is not defamation.

 

[Knowlop]

There was 100% evidence against me buying this.. Surveillance video, dealer confession, text messages.. Wouldn't get me very far. At the very least though it is the wrong charge. Intent to purchase would even be more conceivable. But the very definition of possession is the state of having and owning something. Not the past or the experience, the simple moment of having it. Unless our laws are that loose, which I don't think they are, that's simply not legal.

 

[quincy]

There was 100% evidence against me buying this.. Surveillance video, dealer confession, text messages.. Wouldn't get me very far. At the very least though it is the wrong charge. Intent to purchase would even be more conceivable. But the very definition of possession is the state of having and owning something. Not the past or the experience, the simple moment of having it. Unless our laws are that loose, which I don't think they are, that's simply not legal.

Trying to argue yourself out of one charge by arguing yourself into another is not smart. You really should not talk to anyone but your attorney, and then let the attorney speak for you.

Here is a link to the law on possession of a controlled substance: http://docs.legis.wisconsin.gov/statutes/statutes/961/IV/495

 

[Knowlop]

I wasn't going to bring up another charge, I was going to point out the illogic behind my current one. And you can't go back and change it so it should be dropped. But how would I get an attorney in 12 hours? I'm broke as well..

 

[quincy]

I wasn't going to bring up another charge, I was going to point out the illogic behind my current one. And you can't go back and change it so it should be dropped. But how would I get an attorney in 12 hours? I'm broke as well..

If tomorrow will be your first appearance in court, plead not guilty and ask to have an attorney appointed. Do not present any arguments. Make it short.

Dress nicely (no jeans or tee-shirts or baggy pants or shirts that are untucked or baseball caps or hats). Do not take any electronic devices into the courtroom. Address the judge as "Your Honor." Do not talk unless asked to speak. Then, be polite and show respect.

Good luck, Knowlop.

 

[Stressed About]

Trying to argue yourself out of one charge by arguing yourself into another is not smart. You really should not talk to anyone but your attorney, and then let the attorney speak for you.

Here is a link to the law on possession of a controlled substance: http://docs.legis.wisconsin.gov/statutes/statutes/961/IV/495

Good link....it looks like according to that, the person really should have not spoken a word since admitting to have had drugs at one point in the school probably falls under "attempted possession".

Rule number 1 about Fight Club ... err.... Getting Arrested .... Never talk about it ... NEVER NEVER talk .
Name, address ... just the basics about yourself and just go to jail and get bonded out or whatever is needed to be out / accept the citation and walk away and attend the arraignment and ask for a public defender when called up to the judge.

Save the talking for a lawyer and don't get "diarrhea of the mouth"

 

[quincy]

Good link....it looks like according to that, the person really should have not spoken a word since admitting to have had drugs at one point in the school probably falls under "attempted possession".

Rule number 1 about Fight Club ... err.... Getting Arrested .... Never talk about it ... NEVER NEVER talk .
Name, address ... just the basics about yourself and just go to jail and get bonded out or whatever is needed to be out / accept the citation and walk away and attend the arraignment and ask for a public defender when called up to the judge.

Save the talking for a lawyer and don't get "diarrhea of the mouth"

It is hard for most people to not be honest when talking to the police. Most people have grown up hearing that "honesty is the best policy" and to "trust the police." It is difficult to act against those first taught lessons when facing criminal charges for the first time.

The best first words are often "I would like to speak with my attorney." These words should be followed by silence.

Although not a Wisconsin link, this New York Civil Liberties Union link offers some good information: http://www.nyclu.org/node/3249