Drug Related Cases
Charge: Conspiracy to Distribute Marijuana
Venue: Federal District
Result: Case dismissed after the government could not meet its burden that the defendant committed the crime beyond a reasonable doubt
Charge: Possession of THC and Cocaine (3rd Offense)
Venue: Federal District Court
Result: Defendant only received one year probation.
Charge: Possession w/ Intent to Distribute Heroin
Venue: Racine County
Result: Case dismissed; prosecutor is unable to gather enough evidence to convince jury beyond a reasonable doubt
Charge: Possession w/Intent – Cocaine; Possession w/Intent – THC; and Possession of Amphetamines/LSD/Psilocin. Search warrant issued on word of anonymous tipster who failed to identify any particular wrongful acts by client. Motion to Suppress filed based on illegal search. DA had asked for lengthy jail prior to filing.
Result: Pleas to THC charge, 3 years probation, charges of possession of cocaine and amphetamines dismissed.
Charge: Possession of THC (2 Offense), Possession of Cocaine (2nd Offense), Possession of Paraphernalia.
Result: Case dismissed after the judge granted the defense motion suppressing the evidence due to an illegal search
Charge: Possession of Drug Paraphernalia, Possession of Cocaine, Possession of THC.
Result: Case dismissed after defense offer of proof that the defendant was not present nor responsible for the controlled substances found in the defendant’s apartment.
Charge: Felony drug charges
Date: July 2004, refiled February 2005
Result: All charges dismissed the first time, the DA refiled a year later, client plead guilty to 1 count Misdemeanor Possession of THC, Possession of Amphetamine/LSD/Psilocibin 2nd Offense, Possession with Intent to Deliver Psilocibin
Charge: 1 Count of Manufacture/Deliver THC (> 200 -1000g), and two Counts of Possession of THC. If convicted on all three counts as charged, client was faced up to 6 years and 7 months, and a fine of $11,500.00. Client sold 2 lbs. of marijuana to undercover officer with the entire transaction recorded. The state refused to reveal identity of its informant. After numerous demands, the DA finally reduced the plea offer from 3 years prison to an amended charge of misdemeanor possession.
Venue: Washington County
Date: June, 2004
Result: 10 months Huber and 3 years probation
Charge: Within a period of 5 months, client was charged with three separate cases of Possession of THC and Possession of Drug Paraphernalia – all based on traffic stops. Client faced 18 months jail.
Venue: Ozaukee County
Date: April – September, 2004
Result: 1 Count of Possession of THS was dismissed entirely. 12 months probation concurrent on other 2 counts. Upon successful completion of probation all convictions were expunged and client has no criminal record.
Charge: 1 felony count of delivering cocaine, as a party to a crime (oxycontin), and 1 felony count of delivering Schedule I, II or III non-narcotics, as a party to a crime; client made full statement admitting involvement. Hand-to-hand sale to undercover detective. Client faced 15 years prison.
Venue: Jefferson County
Date: March, 2004
Result: Deferred Prosecution Agreement. Case dismissed entirely following 12 months of drug treatment and community service.
Charge: 3 felony counts of delivering cocaine within 1000 feet of a school. Client was facing up to 50 years in prison on the felony counts alone, and a fine of $500,000.00. These were separate dates and all hand-to-hand buys with the same undercover Hispanic officer. The DA waited 18 months to charge client and 40 other Hispanics. Defense argued (along with other defendants) this was selective prosecution as charges against Hispanics increased 2000% when this particular officer joined the drug unit. We also found multiple witnesses who would have testified that the officer routinely took drugs with them and committed other crimes, such as sexual assault, drunk driving and hit-and-run. The DA’s first offer was 20 years prison. Later this was reduced to 12 years, after defense filed its motions. Finally, after we initiated a formal complaint with the Department of Justice and filed private criminal complaint against the officer, the case was settled with probation and 12 months work release.
Venue: Washington County
Date: June, 2003
Result: 2 felony Counts of delivering cocaine were dismissed. Client was sentenced to probation and 12 months work release on the 3rd count.
Charge: OWI 1st, Possession of Marijuana, Possession of Drug Paraphernalia. If found guilty client faced 24 months license revocation, $1,900.00 in fines, and 1 year county jail on drug charges. Client was black and driving in all white suburb at 2:30 a.m. after dropping a friend off. Police stopped him after he came to a complete stop at a flashing yellow light. Squad video showed that his driving was perfect and a Motion to Suppress was filed as the stop was illegal since it is not illegal to stop at a flashing yellow light.
Venue: Village of Fox Point, WI
Date: March, 2003
Result: Dismissed. Motion granted.
Charge: 1 Count Felony Possess w/Intent to Deliver of THC (<=500 grams). Client faced 4 years prison as a repeater. Based on a hand-to-hand buy with undercover cop with 2 other squads conducting surveillance.
Venue: Sheboygan County
Date: April 2002
Result: Amended to misdemeanor possession, probation, 3 months Huber.
Charge: Client’s father-in-law allowed police to search his residence which was located in a separate building on property owned by his father-in-law. When police arrived the client and his wife objected to the search but the police relied on the father-in-law’s permission. We argued to the trial court that the police did not have the right to search the premises based on the constitutional doctrine of “apparent authority” under the Fourth Amendment. The Wisconsin Court of Appeals agreed and reversed the conviction, which was upheld by the Wisconsin Supreme Court.
Venue: Walworth County, WI Appeals Court, Wisconsin Supreme Court
Date: January 1998
Result: Felony conviction reversed.
NEWS & RESOURCES
- Join Birdsall Law Offices S.C. for our 7th Annual Fundraiser Benefiting the Milwaukee Rescue MissionAugust 21, 2018 - 4:01 pm
- The Black Defendant and the all White Jury: Maintaining Racial Hierarchy in a Post-Strauder AmericaJune 7, 2018 - 11:49 am
- The Legal Defense Show – 4/7/18April 16, 2018 - 1:39 pm