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Man sentenced to probation following drug conviction

A 23-year-old Wisconsin man was sentenced to probation for three years for felony delivering THC and felony possession of narcotic drugs. Police allegedly evicted the man from a Wisconsin Dells motel in July 2012 after employees complained of the smell of marijuana emanating from his room. Authorities say that further investigation of the non-smoking room revealed extensive damage they believed to be consistent with narcotics usage.

The man pleaded guilty to the delivering THC charge and was found guilty of felony possession in the Dane County Circuit Court. In addition to his probation, he was ordered to serve 12 months in prison and attend rehabilitative treatment for drug addiction.

Being convicted of drug charges can have serious consequences, which are themselves aggravated if it can be proven that the defendant had intent to distribute the narcotics in question. In many cases, evidence of drug trafficking can be based solely on the quantity of drugs in the subject's possession at the time of their arrest. This can be a problematic because it may allow prosecutors to base drug charges on a numerical standard rather than the defendant's actual motives.

Many effective defenses against drug crimes seek to undermine the inherent assumptions that are often necessary to allege drug trafficking. If it can instead be shown that the defendant's possession of drug paraphernalia was meant for purposes other than drug distribution, it may be possible to reduce the charges to a less serious offense. An experienced attorney may be able to effectuate such negotiations with the prosecution by advocating on the defendant's behalf to adequately explain their true intentions and possibly avoid the more serious penalties associated with a drug trafficking conviction.

Source: WiscNews Portage Daily Register, "Man gets probation for smoking pot in Dells hotel room", Shannon Green, August 13, 2013

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