Legal Question in Criminal Law in Wisconsin

I was given a ticket for possession of Marijuana. I was in a car with another person who had the drug but I did not know it. He was driving my car because I lost my license for too many speeding tickets. I was issued a ticket for possession with a fine of $685. The driver o the car did not get a ticket. Do I have a case to fight this ticket without the driver getting a ticket after the fact?


Asked on 7/30/09, 1:55 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Yes, you can always fight a criminal charge, regardless of how adverse the facts may be to you, since the right to a trial by jury in criminal cases is more or less absolute unless you plead guilty or no contest. Your chances of winning, however, would depend upon the facts and you have not told me enough of them for me to estimate your odds. Often, however, if only one person out of many persons in a car is charged with possession of drugs, there would have been evidence that the person charged was the sole owner/user of the drugs. This could include factors such as the drugs being found in your pocket rather than loose in the car, your verbally admitting that the drugs were yours, protestations of innocence by the other occupants of the car, etc. If there was no evidence that the driver knew that you had the drugs with you, the case against the driver would be extremely weak, and since "knowing" that one possesses the drugs is an element of the crime which must be proven beyond a reasonable doubt. Another way to fight any charge where contraband is seized is to challenge the legality of the search, assuming that the police did not first obtain a search warrant or consent for the search which was not coerced. You therefore owe it to yourself to consult with an experienced criminal lawyer before making any decisions. My comments here are not intended as legal advice unless you subsequently retain me and revisit this issue with me at that time.

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Answered on 8/12/09, 4:27 pm


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