Legal Question in Criminal Law in Wisconsin

I recently had a small party at my house and police showed up and there were a few under aged people there. There was also people smoking marijuana in the house prior to the police showing up so they searched through the house once and found a few pipes and 21 grams of marijuana. The pipes were mine but the marijuana was not and I had told them that so they only gave me a paraphernalia ticket. A week later I received a misdemeanor citation for possession of THC when they had said I would not. I've talked to the person who the pot belonged to and asked him to confess that it was his but he told me to go F myself. I want to know what I can do about this if anything. My name is Michael and I live near Madison, Wisconsin.


Asked on 3/16/14, 11:56 pm

1 Answer from Attorneys
JAY Nixon nixon law offices

You are in urgent need of a lawyer before you further incriminate yourself, since anything you say hear can be used against you. What you are presenting here may be a valid defense; however, depending upon how presented, the fact that you condoned the pot use (even if not your pot) at your party might alone be enough to convict you under WI law as a "party to a crime." You have a right to subpoena the real pot owner to your trial, although he then will also have the right to remain silent at your trial, creating a difficult situation which requires advanced criminal law legal skills to resolve. Be sure to hire a lawyer who has past experience as a prosecutor, ideally in your DA's office.

My answer does not automatically make me your attorney, so you need to consult with your own attorney before acting upon any of my comments and may contact my office at 333 Main St, Racine, WI 53403, 262-633-3090, during business hours, or see me on the web at www.jayknixonlaw.com. or past online answers at the following links: http://www.lawguru.com/answers/atty_profile/view_attorney_profile/jknixonAttorney or at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency . Answers may contain advertising materials.

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Answered on 3/17/14, 6:29 am


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