Possession Of Drug Paraphernalia Charges In WI
Fighting A Possession Of Drug Paraphernalia Charge
The creativity of drug users is impressive. Non-users would be surprised to see the number and variety of common household objects that become drug paraphernalia in the hands of an addict. From a legal perspective, drug paraphernalia can be anything that is used to smoke or ingest a controlled substance…a soda can, a plastic baggie, a wrapper.
Possession of drug paraphernalia is a crime in Wisconsin. A conviction can include fines of up to $500 and/or up to 30 days in jail. Wisconsin State Statute 961.573 specifies that:
“No person may use, or possess with the primary intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance or controlled substance analog in violation of this chapter.”
When defending against charges of possession of drug paraphernalia it is very important to review the statutes governing the charge as they may hold the key to beating the charge.
For example, suppose an individual was pulled over during a routine traffic stop. The police found reason to search the vehicle and discover cocaine inside a wrapper which was inside a plastic baggie.
But, according to state statute 961.573, there must be “intent to use” the drug paraphernalia. Simply having drug paraphernalia in your possession isn’t enough to prove guilt. It is these types of technicalities that can mean the difference between a conviction and walking free.
Defendants are entitled to trials based on the charges levied by the prosecutor – and only those charges. They cannot be prosecuted for uncharged offenses, even if they are of the same general character as the primary charge.
Eisenberg Law Can Help You Fight A Charge Of Possession Of Drug Paraphernalia
If you have been charged with or convicted of possession of drug paraphernalia in Wisconsin, contact the criminal defense attorneys at Madison’s Eisenberg Law Offices for a free case consultation. Our criminal defense attorneys bring over 35 years of experience to every case.