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DWI, OWI, DUI, Drunk Driving, Boating while intoxicated (BWI), snowmobiling while intoxicated, theft, fraud, homicide, assault, hit and run, driving after suspension (DAS), drug charges, driving after revocation (DAR), driving after cancellation (DAC)
On this page you may discuss your Wisconsin or Minnesota criminal case with others or ask a legal question. Please remember to identify the state of the violation in your question and the charging statute number if known. For a consultation call or for emergency assistance call 612.240.8005.
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Subject Defenses to Drug Charge
Date Mon Sep 8 2008 20:06
Author Maury D. Beaulier
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First, it is unwise to make any statements to police, whether it is sarcastically or otherwise. Nonetheless, it would appear that your friend may already have been in custody when questions were asked and, as a result, her comments may likely be suppressed. Second, the question of dominion and control over the cocaine is a critical issue. It would provide a strong challenge if its presence was not obvious. Third, often the probable cause that resulted in the search warrant can be challenged. If the warrant was not supported, then the evidence can be suppressed and charges dismissed. Finally, any amount of cocaine, even trace residue, would result in a fifth degree felony possession charge. That is true whether she assisted police or not. A conviction, may have a significant consequence in addition to prison sentences and fines. A person convicted of a felony drug charge would likely be unable to find employment in any position where a background check is required. They would also be precluded from working in any medical facility or a licensed at a daycare. Based on the email, it would seem that there are some very strong defenses. Often an aggressive defense can result in no criminal record at the end of a case. For a FREE consultation call 612.240.8005. |
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