a little advice on a drug charge...

What is the name of your state? Wisconsin

I was recently pulled over for speeding in Whyoming on my way back to Wisconsin. The cops used a drug dog to sniff out my car and found 1 gram of marijuana. They released me on site with a citation for possesion of a controlled substance.

My court appearance is mandatory, but there is simply no way I can travel 1000 miles back to Whyoming without losing my job, or at the very least spending thousands of dollars for a plane ticket, lodging, etc.

Is it in my best interest to hire a lawyer? Is there any way a lawyer can get me out of a manadatory court appearance? What should I expect to pay in lawyer fees?

Thanks so much in advance for all your help.

dangz said:

What is the name of your state? Wisconsin

I was recently pulled over for speeding in Whyoming on my way back to Wisconsin. The cops used a drug dog to sniff out my car and found 1 gram of marijuana. They released me on site with a citation for possesion of a controlled substance.

My court appearance is mandatory, but there is simply no way I can travel 1000 miles back to Whyoming without losing my job, or at the very least spending thousands of dollars for a plane ticket, lodging, etc.

Is it in my best interest to hire a lawyer? Is there any way a lawyer can get me out of a manadatory court appearance? What should I expect to pay in lawyer fees?

Thanks so much in advance for all your help.

Click to expand...

As the old saying goes, if you can't do the time, you can't do the crime. Pack your bags for a little Wyoming trip.



Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)”


Here are six stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I’ve got a job/military posting in [name a place five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn’t stopped some defendants from using both.)

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

6. I was influenced by a bad crowd.

https://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender’s advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.

Thanks for your reply. I don't need much advice on how to conduct myself in a courtroom as I've been there many times before. I don't look or act like your typical drug offender - more like a white-collar, suburban, do-gooder.

So you're suggesting that a mandatory appearance cannot be avoided, no matter what action I take? I'm not doubting your expertise, I just want to be clear. Do you know if it's possible to request an extension on my court date?

Perhaps I've seen one too many court room dramas but I thought that maybe (just maybe) it would be possible to have somebody appear on my behalf. My citation is so minor - I just can't believe they want to drag me back half way across the country to give me a $500 fine. The fine itself is sure to cost less than what it will cost me to go back to Wyoming (not that the court gives a damn).

The worst part of this whole mess is that I feel like my 4th amendment rights were violated. But thanks to Illinois vs. Caballes, it looks like one more black mark on the ol' police record.

dangz said:

Thanks for your reply. I don't need much advice on how to conduct myself in a courtroom as I've been there many times before. I don't look or act like your typical drug offender - more like a white-collar, suburban, do-gooder.

So you're suggesting that a mandatory appearance cannot be avoided, no matter what action I take? I'm not doubting your expertise, I just want to be clear. Do you know if it's possible to request an extension on my court date?

Perhaps I've seen one too many court room dramas but I thought that maybe (just maybe) it would be possible to have somebody appear on my behalf. My citation is so minor - I just can't believe they want to drag me back half way across the country to give me a $500 fine. The fine itself is sure to cost less than what it will cost me to go back to Wyoming (not that the court gives a damn).

The worst part of this whole mess is that I feel like my 4th amendment rights were violated. But thanks to Illinois vs. Caballes, it looks like one more black mark on the ol' police record.

Click to expand...

I don't know the judge's rules there in Montana. I do know that if you have a lawyer, then the chances of a mandatory appearance lessen.

But, if you have a record, the judge may require your presence.

Bottom line: Get a lawyer in Wyoming. Preferably the judge's golfing buddy.

If you don't mind, I have one more question for you....

Let's say, HYPOTHETICALLY, of course, that I don't appear at my court date. I know a warrant for my arrest will be issued. Will police in every state be aware of this warrant? The only reason I ask is because I received a citation in Colorado about 5 years ago which I never paid, and in multiple encounters with the police in Wisconsin, it has never come up. I think I know the answer to this, but I'd really like to know every possible option I have.

Thanks again for your help.

Are you being charged in state or municipal court?