WISCONSIN DRUG RELATED CASES

Intent to Distribute Cocaine — Not Guilty

Conspiracy to Distribute Marijuana — Dismissed

Intent to Distribute Heroin — Dismissed

Possession of THC & Cocaine — Dismissed After Illegal Search

Drug Paraphernalia, Cocaine & THC — Dismissed

Felony Delivery Charges — Dismissed After Treatment

Facts: One felony count of delivering cocaine (oxycontin) and one felony count of delivering a Schedule I, II or III non-narcotic, both as a party to a crime. The client admitted involvement in a full statement after a hand-to-hand sale to an undercover detective, and faced 15 years in prison.

OWI 1st & Marijuana Possession — Illegal Stop, Motion Granted

Facts: The client, who is Black, was driving in an all-white suburb at 2:30 a.m. after dropping off a friend. Police stopped him after he came to a complete stop at a flashing yellow light. Squad video showed his driving was perfect, and a motion to suppress was filed because it is not illegal to stop at a flashing yellow. The client faced 24 months license revocation, $1,900 in fines, and 1 year county jail on the drug charges.

Felony Conviction Reversed — Upheld by the Wisconsin Supreme Court

Facts: Police searched the client's residence, a separate building on property owned by his father-in-law, on the father-in-law's permission, over the objections of the client and his wife. The defense argued police lacked the right to search under the Fourth Amendment doctrine of "apparent authority."

Possession of THC & Cocaine (3rd Offense) — One Year Probation

Anonymous-Tip Search Warrant Challenged — Cocaine & Amphetamine Charges Dismissed

Facts: The search warrant was issued on the word of an anonymous tipster who failed to identify any particular wrongful acts by the client. A motion to suppress was filed based on the illegal search. The DA had asked for lengthy jail time before the motion was filed.

Felony Drug Charges Dismissed, Then Refiled — Plea to Reduced Charges

Facts: All charges were dismissed in July 2004. The DA refiled a year later, in February 2005.

Marijuana Delivery to an Undercover Officer — 10 Months Huber

Facts: One count of manufacture/delivery of THC and two counts of possession of THC, with up to 6 years 7 months and an $11,500 fine at stake. The client sold 2 lbs. of marijuana to an undercover officer in a recorded transaction. The State refused to reveal its informant's identity; after numerous demands, the DA reduced its offer from 3 years prison to an amended charge of misdemeanor possession.

Three Possession Cases — Probation, Then Expungement

Facts: Within 5 months, the client was charged in three separate cases of possession of THC and drug paraphernalia, all based on traffic stops, and faced 18 months in jail.

Selective Prosecution Challenge — Two of Three Felony Counts Dismissed

Facts: Three felony counts of delivering cocaine within 1,000 feet of a school, with up to 50 years in prison and a $500,000 fine at stake. All were hand-to-hand buys by the same undercover officer, and the DA waited 18 months to charge the client and 40 other Hispanics. The defense argued selective prosecution, noting that charges against Hispanics increased 2000% after this officer joined the drug unit, and found multiple witnesses who would have testified that the officer routinely took drugs with them and committed other crimes. The DA's first offer was 20 years prison, later reduced to 12 years after the defense filed motions. After the defense filed a formal complaint with the Department of Justice and a private criminal complaint against the officer, the case settled.