Friday, April 4, 2008

Drug Charges Dismissed

Melanie is a young woman from Kenosha, WI who was hanging around with bad friends for years. One night in 2006 she was at her apartment when the cops showed up and searched the place after her roommate consented to the search. Cops found marijuana, cocaine, and drug paraphernalia. She was not charged at the time.

She then moved to Arizona for personal reasons, mainly to get away from the antisocial behavior that she was surrounded by in WI. Kenosha County DA files charges a year and a half later, charging her with marijuana, cocaine, and drug paraphernalia.

Melanie calls me after she receives the criminal complaint in the mail. She decides to retain the firm. I call the DA on her behalf. I demand dismissal and DA asks why he should dismiss. I provide the DA with a letter regarding Melanie’s life before and after the incident, showing the personal and professional improvements she has made and how the charge would only hamper her progress. Letter outlines essentially why prosecution is inappropriate. DA decides to dismiss the case outright without and initial appearance or further argument.
It is absolutely essential as a defense attorney to examine each case thoroughly and determine what role the defendant played in the act, and how that relates to her current position, especially when charging has come as late as it was in this case. DAs have an interest in whether the defendant is changing from an antisocial lifestyle to a prosocial lifestyle and will look very favorably on that positive transformation. Reasonable minds prevailed in this case and charges were dropped.

"TJ" Perlick-Molinari
Birdsall Law Offices, S.C.
135 W. Wells St., Ste 214, Milwaukee, WI 53203
801 E. Walnut St., Green Bay, WI 54301
414.831.5465 -

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