Legal Question in Criminal Law in Wisconsin

my husband and i were pulled over, he received his 2nd owi, poession of maraj (2grams), and poession of paraphnalia for rolling papers. i was refered to the DA because of the maraj pipe found under my seat. in my drunkeness i told the officer it was "both of ours". i have never in my life been in trouble with the law. (speeding once only) just the other day i received notice that they are charging me with paraphnalia for the pipe. i am the sole wage earner, this conviction will screw up my background check for employment as a certified nursing assistant, i'm the only one with a drivers license, and we have 2 children that my husband cares for while i work. my husband is willing to tell the judge the pipe was his as well. can he do this? will it then be 2 counts of paraphnalia? he doesn't have anything else major on his record. no felonys. my court date is this monday do i bring him with? thank you for your time!!!


Asked on 4/23/10, 1:34 pm

1 Answer from Attorneys
JAY Nixon nixon law offices

You are in dire need of representation by an experienced criminal defense attorney (preferably by one who has a background as a former prosecutor). You husband should likewise fight his charges. Only by both or you doing this are you likely to obtain an outcome which could totally avoid a conviction for you (and the resultant loss of your nursing license). At some point, your husband may be able to make a deal for your charges to be dismissed if he accepts total responsibility. However, if he does not properly fight his case, all bargaining leverage will be lost and you could both end up being convicted. This charge also causes a minimum of six months loss of drivers license, which will cost you thousands of dollars in added insurance costs in the future. My comments in this online forum are offered for public educational purposes only and are not legal advice, nor do they create any attorney/client relationship between us. However, I may be able to formally represent you if you contact my Racine office and make arrangements to retain me. I also represent clients throughout WI.

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Answered on 5/03/10, 12:58 pm


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