Legal Question in Criminal Law in Wisconsin

My 17 year old son was in jail for possession of marijuana and someone in jail asked him to hold something. That something ended up being crack and he was caught in jail with it. What kind of sentance could that carry?

Thanks,

Terresa


Asked on 12/23/10, 11:33 am

1 Answer from Attorneys

JAY Nixon nixon law offices

Unfortunately for your son, 17 year olds are treated as adults in WI criminal courts. You do not say whether he is charged with simple possession or intent to deliver (usually charged if there is evidence of packaging the drugs for resale or for larger quantities) but this distinction makes a huge difference in the possible sentence. Intent to deliver is a felony carrying possible prison, the maximum depending upon the quantity of drugs, while simple possession of THC carries a maximum measured in months rather than years. The charge of having crack in the jail, however, is definitely a felony, although prosecutors would need to prove that he had reason to believe it was a controlled substance. No matter what the charge, the eventual sentence if convicted is highly individualized, depending not only on the drug quantity but also upon the defendant�s characteristics such as prior record, work history, etc. First offenders often get probation with a number of months in the county jail as a condition of probation and more jail or prison if revoked. Drug convictions also now result in ineligibility for federally assisted student loans or housing assistance. The biggest long term impact, however, is on employment and education. Felonies essentially make a person unemployable in WI due to the ease with which potential employers can check record online. You should therefore make sure that your son is represented by an experience criminal lawyer, who may be able to negotiate a misdemeanor disposition. Drug convictions also now result in ineligibility for federally assisted student loans or housing assistance. My comments here are not intended as legal advice but rather are offered only for public educational purposes. My response here is therefore does not create a traditional attorney client relationship, although I would be more than happy to discuss possible representation with you via a private email, phone call or via the inquiry link on my office website.

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Answered on 12/29/10, 4:31 am


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