Legal Question in Criminal Law in Wisconsin

possession of marijauna

can I have them test it to see if it is thc? how much do they need to test it for thc? I Was pulled over they found a vary small amount and I mean like two tiny specks in a bag? Do I have any defence in this case?it is civl but I'am on a diversion agreement can't affored to plea guily


Asked on 3/28/08, 9:47 am

1 Answer from Attorneys

JAY Nixon nixon law offices

Possession of Marijauna While on Diversion Agreement

You need to retain an experienced criminal lawyer as soon as possible. Unless you plead guilty or no contest, the government will need to prove that the substance in question contains THC. You will be found not guilty by the jury if they fail to prove this to the jury's satisfaction. Proof may prove difficult if the quantity is too small, and you also have a constitutional right to independantly retest it at your own expense. This too is difficult if the quantity is too small. Finally, the government also must prove that you knowingly possessed it, while believing it to be any controlled substance. Losing your diversion agreement is a major consequence which should not be taken lightly. Therefore, you need good legal advice right away. There may be technical defenses available which are not apparent to an untrained person. Good Luck!

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Answered on 3/31/08, 9:00 pm


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