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Many states are working toward the decriminalization of marijuana, but Wisconsin law still prohibits possession of tetrahydrocannabinols (THC), the active ingredient in marijuana. However, Wisconsin Statute Section 961.41(3g)(e) says: that if a person possesses or attempts to possess THC that the person may be fined not more than $1,000 or imprisoned not more than 6 months or both for a first offense. The second time you are caught possessing THC or any controlled substance in Wisconsin, the prosecutor can charge you with a felony. The same section of the Statute 961.41(3g)(e), makes any “2nd or subsequent offenses” a Class I felony. A Class I felony in Wisconsin carries with it a maximum penalty of 3 ½ years in prison and a $10,000 fine. If you are charged under the statue with possessing THC a lawyer can review the facts of your case and help you determine whether you might have a defense to possession of THC. Just like cases involving cocaine, methamphetamine, and heroin, a lawyer can look at whether or not the cops followed the Constitution or whether they violated your rights. Without the legal training like a lawyer has, it can be very difficult to figure out whether or not the cops violated your rights. If a lawyer believes your rights have been violated by the cops, they can file a motion to argue to keep out the evidence of a controlled substance at trial. If the judge agrees, the evidence will be barred from the trial. Protect your rights! Consult a lawyer with the knowledge and skill to help you with your case! Contact us for a free consultation today!
Each circuit court district throughout the State of Wisconsin has different OWI guidelines set for its district. The districts set guidelines based on a calculation of the number of prior OWI related offenses and blood alcohol concentration. An experienced attorney can help you navigate the local guidelines and may be able to make arguments about the metabolization of alcohol or other substances in the blood. However, the mandatory minimum penalties are set out in state law. Wisconsin Statutes § 346.65 (2j)(am) outlines the penalties as follows: 1 st offense – A fine not less than $150 nor more than $300. 2 nd offense – A fine not less than $350 nor more than $1,100 and imprisonment for not less than 5 days nor more than 6 months in the county jail. An OWI is considered a second OWI if the first OWI was within ten years. It is possible to have two first OWI’s and then be charged with a third because of the statutory language in this section. 3 rd offense – A fine not less than $600 nor more than $2,000 and imprisonment for not less than 45 days nor more than one year in the county jail. An OWI is considered a third OWI if there are two prior convictions for OWI related offenses within a person’s lifetime. With any law there are exceptions to these maximum penalties based on factors like: blood alcohol concentration, whether a party has been injured or passed away, and whether a minor child was in the vehicle. You should seek counsel from a knowledgeable and skilled OWI attorney when trying to further understand OWIs and the penalties. An experienced attorney will be able to apply the law to your specific case and advise you appropriately.
In life, we often experience unexpected struggles. Often, our contact with police is overwhelming, angering, and frightening. The police might come to our house after an argument with a partner. The police might stop us when riding or driving in a vehicle for seemingly no reason at all. The police might ask us questions about a night out that now seems to have gotten out of control. The police might want to just talk to us and ask us questions walking down the sidewalk. The police might even threaten arrest or threaten to get a search warrant. You do not need to go through this alone. Lawyers are legal experts that have been taught the skills and knowledge to protect your rights. Lawyers receive extensive legal training on the law and the constitution. One important fact to know is that police can lie to you with little to no repercussions. They can tell you evidence exists, when it does not, in order to get you to say things against your interest. The job of police is primarily to collect information and evidence that they bring to the District Attorney’s office in order to prosecute you. The second important fact to know is that a lawyer can get all of the evidence that the police have collected and review it. When lawyers look at evidence, they use their knowledge, skill and experience to see if there has been a violation of your rights. If there has been a violation of your rights, that can mean that a lawyer might be able to get evidence left out at trial or even get your case dismissed. The primary issue that lawyers encounter when working on a case is that we did not get advice soon enough. We said something to police and its used against us. We gave consent to the police to search us or our property because we were intimidated. We said something in court that the prosecutor will use against us when we thought we were just trying to get our story heard in court. Anytime we have contact with police, we should seek the guidance of an attorney. We should not answer police questions. We should not make statements when we are alone in a squad car, interview room, in a jail to other inmates or booking room at the jail. We should always ask for an attorney when interacting with police. It is our right guaranteed by the constitution. Protect your rights! Get an attorney to help!
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