Legal Question in Criminal Law in Wisconsin

Re: Possesion of Coccaine

In order to be convicted of drug possession under WI law, the state must prove that you had knowledge that the bag was in your car, as well as reason to believe that the bag contained a controlled substance. If, after your trial, a reasonable doubt still existed as to whether or not you had such knowledge, the jury would find you not guilty. My advice is that you immediately retain a good felony lawyer and fight the charge. You may have an easier time fighting it if your girlfriend, who would appear to have placed the cocaine in your car without your knowledge, confessed to her crime.

The officer's legal analysis to the effect that one is always legally responsible for everything in one's car is clearly wrong. Of course, you would probably lose if the state could prove, for example, that you knew your girlfriend to be a regular cocaine user, or that you were actively engaged in cocaine use yourself, since either scenario would give you reason to believe that cocaine might be present in vehicle. Regrettably, the jury may also find out about your previous felony conviction if you take the witness stand in your own defense. The judge might even allow the jury to learn that you had a drug conviction, since such fact may be relevant on the issue of you intent or knowledge. Of course, your lawyer would fight any such request with the argument that past marijuana use does not tend to prove current cocaine use. These are arguments which could go either way. Such prior act evidence and evidence of prior convictions often make it exceedingly difficult for persons with criminal records to effectively defend themselves at trial.