Marijuana Posession - 1st Offense

[mrb427]

What is the name of your state? Wisconsin.

Hello,

I was recently caught with a small amount of marijuana and I have a lot of questions. I'm really hoping that this forum can help because I've spent several days searching the internet and libraries for information concerning my situation.

BACKGROUND INFORMATION:
I am 19 years old. I have no other charges on my record (besides a speeding violation). I was at a campsite in a state park in WISCONSIN. Some friends and I were sitting around the fire drinking beer and some of us were smoking marijuana. Suddenly a number of police officers emerged from the woods surrounding our campsite. All of us cooperated fully with the officers and were 100% honest in answering all of their questions. The officers found a small amount of marijuana which I claimed as mine as well as two pieces of paraphernalia (a pipe and a grinder). The officers told me that since I was cooperative they would only give me a ticket for the possession and not for underage drinking. The ticket says:

"Defendant violated: Ordinance No. 9.961.41(3g)(e)"

and informs me of a non-mandatory appearance in the county courthouse.

The officer who wrote me my ticket informed me that if I either appear in court or pay the fine by the court date, that no warrants would be issued. When I asked if this would affect my employment opportunities in the future he said someting to the effect of 'no one will know unless they call the county courthouse and ask.' However, I am extremely nervous that this charge will show up on background checks that employers may perform of me.

I have checked the public record of the Wisconsin circuit courts and so far the charge has not appeared there. However, the court date has not yet come and I fear that the charge may appear on my record after the court date.

My Questions:
What can I expect at my court date?

What should I do say at my court date?(I assume it's wise to go..)

Does anyone know if something like this will show up on my record? If so, is there any way that I can ever have the charge expunged from my record?

Is there any chance that the judge will drop the charges?


I truly regret the day this happened. This is the first time I've ever been in any trouble of this kind. The only other time I've been in trouble with the law was for a petty speeding violation. Now I spend so much time worrying that all the work I'm doing at college will be for nothing if no one will hire me with a drug charge on my record. I would do nearly anything to be forgiven for this- community service, drug counseling, etc..

I really appreciate any help or information that anyone can offer me on this issue.

Thanks very much,
Charles

 

[ProSePA]

According to the FBI's arrest statistics for 2007, 775,137 people were arrested in 2007 for "Possession of marijuana." So what you are going through right now, many people have gone through before you and many people will continue to go through.

Wis. Stat. § 961.41
(3g) POSSESSION:
(e) Tetrahydrocannabinols. If a person possesses or attempts to possess tetrahydrocannabinols included under s. 961.14 (4) (t), or a controlled substance analog of tetrahydrocannabinols, the person may be fined not more than 1,000 or imprisoned for not more than 6 months or both upon a first conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense is considered a 2nd or subsequent offense if, prior to the offenders conviction of the offense, the offender has at any time been convicted of any felony or misdemeanor under this chapter or under any statute of the United States or of any state relating to controlled substances, controlled substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or hallucinogenic drugs.

§ 961.14 (4)(t) Tetrahydrocannabinols, commonly known as "THC", in any form including tetrahydrocannabinols contained in marijuana, obtained from marijuana or chemically synthesized;


Since you were so cooperative with the cops and informed them that the marijuana in question was yours, then it sounds like they have both evidence and confession, which would be enough to move ahead with prosecution. One thing you should take with you from this is that the cops will always say "just be honest and this will go much easier." In reality, it will go easier for them because you will provide them with exactly what they need. Should you continue to use marijuana or engage in behavior that may end up in police interaction, any attorney would advise that you exercise your 5th Amendment rights as soon as a cop starts to question you and simply say nothing.

I am not familiar with Wisconsin laws, penalties, sentencing or court procedures, so I am not able to give you much more solid factual information. It sounds like the officer was trying to imply that pleading guilty is the best route for you to take, which I would personally advise AGAINST. The best advice that I can give you is to take your citation to several local criminal attorneys (which often do not charge a consultation fee) and see what their costs are. You will probably be best off pleading not guilty and having an attorney handle the negotiations of the charge.

Take this opportunity as a learning experience and expand your knowledge on the laws that effect people who smoke marijuana. Read everything from Marijuana Law Reform - NORML to Office of National Drug Control Policy and make your own decisions regarding the use of substances. "Just Say Know."

 

[mrb427]

Thanks for the reply.

I hadn't really planned on getting a lawyer. I have the feeling that my fine may be reduced, just based on what I've heard of other people in the same situation. I'm not really worried that I'll go to jail, although I know that it's a possibility.

What I'm more worried about is my record. Does anyone know if a 'civil infraction' would go on my record? I'm not sure but I have been told that my ticket is in the 'civil infraction' class.

Also, I'm still unsure about what I can expect at my court date. I've heard that I'll have to speak before a judge. What should I say?

Thanks,
Charlie

 

[mrb427]

Does anyone know anything about this subject? I'm terrified and I'm really wondering what I can expect.

Thanks so much,
Charlie

 

[mrb427]

I hate to pester over this but I'm really hoping for some help with this. P-p-please help me!!!

 

[Abd ul-Shadiid]

tell the truth

Charlie,

IF you choose to waive your 5th Amendment right to remain silent and speak before a judge, I have only three words for you: Tell the TRUTH. Tell the complete, objective, untainted truth. Judges can spot lying, squirming, and excuse-making a mile away, and they hate it. They'll throw the book at you for it.

So hire a lawyer, and follow his/her advice: SAY NOTHING. Make the prosecution prove its case, and allow your attorney to negotiate a plea deal.

AND DON'T EVER SMOKE POT NOR USE ANY OTHER ILLICIT DRUGS EVER AGAIN! GOT IT???