Legal Question in Criminal Law in Wisconsin

Yes, you can always be found guilty of any charge, even bad charges for which you are truly not guilty, if you do not properly defend yourself. Our legal system is an adversary system, meaning that the judge and other neutral members of the justice system (such as the clerk's office staff) are not active participants and are in fact obligated to do little or nothing to guarantee justice. In fact, judges in the U.S. (unlike in Europe and most places in the world) can actually get into trouble if they attempt to conduct their own investigations. Instead, the adversary system leaves that job to the parties in any given lawsuit or criminal prosecution, usually through their attorneys. The judge's job is simply to sit back passively and allow the active participants (the prosecutor and defense attorney) to present the results of each of their respective investigations via witnesses supporting their side of the case. This could include testimoney, physical evidence such as seized contraband, or documentary evidence such as a lawful prescription for that contraband. At your trial (if you decided that you wanted one), the prosecutor would present evidence of illegal possession of prescription drugs which would probably result in a conviction if it stood alone. If your attorney did not properly present a defense rebutting the prosecutor's evidence, you would then be found guilty, just like many thousands of innocent people who are convicted by our criminal justice system every year. Only after the close of the evidence from the attorneys would the judge or jury make the decision on guilt or innocence. The same would apply if you plead guilty or no contest; you would then be found guilty, regardless of the truth of the allegations and despite any valid legal defenses which you may have (but fail to present for one reason or another--such as an "offer you can't refuse" in the form of a plea bargain). In short, in an adversary system, great injustice can be done without skilled and vigorous representation of both sides by experienced advocates. You really therefore need to retain and consult with an experienced criminal lawyer. My comments here in this public web forum are not legal advice and are intended instead for public educational purposes. However, you have an option on Law Guru to opt for private questions, or, better yet, to hire your own experienced attorney and consult with him. This answer does not create any attorney/client relationship between us. I practice criminal law throughout the state of WI and would be happy to meet with you.