Madison criminal defense lawyer Robert T. Ruth defends individuals accused of possession of drug paraphernalia in Wisconsin and federal courts. He has been a Wisconsin lawyer since 1993 and has devoted his law firm to criminal defense since then. He is well-versed in all aspects of criminal defense in Wisconsin and federal courts, from the initial stages of a case through direct appeal, petition for review or petition for certiorari and collateral attack. If you stand accused of possession of drug paraphernalia anywhere in Wisconsin, let his experience in the courtroom, along with his commitment to his clients, go to work for you.
Madison WI Possession of Drug Paraphernalia Lawyer Attorney
Wisconsin law makes it a crime to possess drug paraphernalia with the primary intent to use the drug paraphernalia to ingest, inhale or otherwise introduce a controlled substance into the human body in violation of the Wisconsin drug laws. To prove the charge, the state needs to prove possession, which may either be constructive or actual possession. These two concepts are explained above in the section on possession. The state needs to prove that the item is drug paraphernalia, which includes all equipment, products and materials that are used, designed for use or primarily intended to be used to introduce a controlled substance into the body. Items used to plant, propagate or manufacture a controlled substance may also qualify as drug paraphernalia. There is a specific statute in the Wisconsin drug law that sets forth a standard for deciding whether an object is drug paraphernalia. It states as follows:
(1) In determining whether an object is drug paraphernalia, a court or other authority shall consider, in addition to all other legally relevant factors, the following:
(a) Statements by an owner or by anyone in control of the object concerning its use.
(b) The proximity of the object, in time and space, to a direct violation of this chapter.
(c) The proximity of the object to controlled substances or controlled substance analogs.
(d) The existence of any residue of controlled substances or controlled substance analogs on the object.
(e) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he or she knows intend to use the object to facilitate a violation of this chapter; the innocence of an owner, or of anyone in control of the object, as to a direct violation of this chapter shall not prevent a finding that the object is
designed for use or primarily intended for use as drug paraphernalia. (f) Instructions, oral or written, provided with the object concerning its use.
(g) Descriptive materials accompanying the object that explain or depict its use.
(h) Local advertising concerning its use.
(i) The manner in which the object is displayed for sale.
(j) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products.
(k) The existence and scope of legitimate uses for the object in the community.
(L) Expert testimony concerning its use.
(2) In determining under this subchapter whether an item is designed for a particular use, a court or other authority shall consider the objective physical characteristics and design features of the item.
(3) In determining under this subchapter whether an item is primarily intended for a particular use, a court or other authority shall consider the subjective intent of the defendant.
Finally, to prove illegal possession of drug paraphernalia, the state needs to prove that the person possessed the item in question with the primary intent that it be used to introduce a controlled substance into the human body. This is another area that suggests a possible defense to the charge. Even if the item is potentially drug paraphernalia, it is defense to the crime of possession of drug paraphernalia if the primary intent of the object was something besides introducing a controlled substance into the human body.
The Law Firm of Robert T. Ruth Law Offices, S.C. is located in Madison. Attorney Robert T. Ruth frequently travels throughout the state in drug cases. If you need a lawyer on a drug case in Milwaukee, Janesville, Baraboo, Jefferson, Portage, Mauston, Waukesha, or any other Wisconsin city, contact Robert T. Ruth at 608-257-2540 for a free consultation.