Legal Question in Criminal Law in Wisconsin
What can we do if my fianc� was find guilty of procession with the intent to sell<=3g. But there were three other in the car with him he had a lawyer and we plan to appeal the jury decision. What are the steps we can take to help him because he didn't do this it was the other people in the car that was involved he was just with them. Can u tell me the guidelines for procession with intent and party to a crime. Also can you tell me more about harpas coapas and how we can file that petition.
1 Answer from Attorneys
Simply being in a car where drugs are present can indeed sometimes be adequate evidence to support a possession conviction, even if it is unclear who owned the drugs. At trial, the government would probably try to prove that all occupants were parties to the crime, which can alone sometimes support a conviction in WI. Even if I wrote three separate novels on here on appeals, habeas corpus, and the elements proof required for possession with intent, I still could not address your question without knowing all the details of the case. You need to immediately retain an experienced criminal lawyer for the appeal/post conviction proceedings if the current lawyer is no longer representing your husband in these matters. Normally, fee arrangements before trial would not include these things, so you will need to make new arrangements. The time limits for appeal are extremely short.
Do not assume that I am your attorney due to this answer, but feel free to call my office in Racine (262-633-3090 or email [email protected]) for clarifications or further questions. I would not normally be taking any further action on your case without your making additional arrangements. See me on the web at www.jayknixonlaw.com. View my past answers at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency , or http://www.lawguru.com/answers/search/attorney/jknixon.
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