Legal Question in Criminal Law in Wisconsin

Hello,

A few months ago I went camping overnight with a total party of 8 in Wisconsin. The cops ended up showing up, as an uninvited friend decided to tip them off. Upon showing up they did not announce their presence before opening the tent door and we were all seen smoking marijuana. The cops on scene were unbelievably unprofessional, with one of them saying, “I’ll give you $100 if you run”. Later four of us were let go and four of us were not. Of the four that were not there were two that confessed to having brought some of the marijuana, and two that did not.

The four/eight kids that were charged all got charged as parties to the crime of possession and paraphernalia. A first offense, consisting of two YEARS probation, nearly $1k in court costs, as well as a potential 3 month jail sentence. Resulting on a stain in their permanent records. But not on the records of the other four kids sitting within that same tent. We seek to re-open the case, as victims to discrimination and unusually harsh punishment.


Asked on 2/01/18, 9:39 am

2 Answers from Attorneys
JAY Nixon nixon law offices

Cops are encouraged to discriminate, since reserving their time and energy for the most guilty offenders is good law enforcement policy, and is known as "prosecutorial discretion," to criminologists. It only becomes illegal if the cop bases it upon a protected classification, the most common of which is probably race these days.

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Answered on 2/04/18, 5:55 am
JAY Nixon nixon law offices

Cops are encouraged to discriminate, since reserving their time and energy for the most guilty offenders is only good law enforcement policy, and is known as "prosecutorial discretion," to criminologists. It only becomes illegal if the cop bases arrest upon a protected classification, the most common of which is probably race these days, as opposed to basing it upon what the offender did. I therefore doubt if this is a valid reason to reopen the conviction(s). Even if you succeed in reopening, however, it does not necessarily avoid a conviction, since the case will be scheduled for trial in the normal course of business, which trial will probably also result in a conviction if the government can prove it.

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Answered on 2/04/18, 6:25 am


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