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Getting Possession violation changed to a lesser charge on record?

pstrites

Junior Member
#1
In Wisconsin, my dear 17 year old (1 week away from 18) was a passenger in a vehicle that was pulled over. There was marijuana and paraphernalia in the vehicle and no one would say what belonged to who. So all 4 received Possession of THC (Forfeiture) citations, with the driver (owner of vehicle) getting some bonus tickets. He is required to appear in court and will pay the $187.00 ticket. This is his first and only offense and I'm curious if pleading No contest and requesting that the charge (as far as his record goes) gets named a lessor charge, is not unreasonable. Although offenses like this are not suppose to affect an employers decision on hire ability, they probably do. And while he is not going on to higher education immediately following high school, he plans to in the future and I've read that this can affect potential to receive financial aid. He made a poor decision. I'm not naive, I'm fully aware that he is not completely innocent as well. What would be a reasonable charge to request? Is it a No contest plea ? What is the language that should be used when requesting this in the court.
 


quincy

Senior Member
#2
In Wisconsin, my dear 17 year old (1 week away from 18) was a passenger in a vehicle that was pulled over. There was marijuana and paraphernalia in the vehicle and no one would say what belonged to who. So all 4 received Possession of THC (Forfeiture) citations, with the driver (owner of vehicle) getting some bonus tickets. He is required to appear in court and will pay the $187.00 ticket. This is his first and only offense and I'm curious if pleading No contest and requesting that the charge (as far as his record goes) gets named a lessor charge, is not unreasonable. Although offenses like this are not suppose to affect an employers decision on hire ability, they probably do. And while he is not going on to higher education immediately following high school, he plans to in the future and I've read that this can affect potential to receive financial aid. He made a poor decision. I'm not naive, I'm fully aware that he is not completely innocent as well. What would be a reasonable charge to request? Is it a No contest plea ? What is the language that should be used when requesting this in the court.
If this is your son's first offense, your son is eligible for Wisconsin's diversion program, which allows a first offender the chance to keep a misdemeanor conviction off his criminal record if he complies with the terms of the program during a probationary period. Once all conditions are satisfied, and if there are no new offenses, the misdemeanor will be discharged and dismissed.

With no criminal record, your son will not have that as a problem when getting a job or qualifying for financial aid.

I see the diversion program as a more realistic outcome for your son than a reduction in the charge or a dismissal without diversion. If he is looking for a reduction or outright dismissal, he will want the services of a local attorney.

Good luck to him.

A link to the law: http://norml.org/laws/item/wisconsin-penalties-2
 
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