While drug cases tend to be fact-specific, prosecutors also have considerable leeway when it comes to the charges they file. Some suspects may think that they are being charged with simple drug possession, only to find out later that they face charges of possession with intent to sell. The difference between these crimes is that the former is often a misdemeanor while the latter can be a felony.
Getting arrested can be pretty scary. Even if you know you are innocent, you may be overwhelmed and therefore not thinking clearly when you are taken into custody. Many arrestees often say or do things that they regret later because instinct told them to automatically cooperate with police.
In Wisconsin as in other states, there is a lot of controversy about the ways in which juvenile offenders are prosecuted. The age of adulthood in most of the country is 18, and in Wisconsin an offender can be tried as an adult at age 17. What most people never really consider, however, is that both of these numbers are essentially arbitrary divisions between childhood and adulthood.
The Fourth Amendment to the Constitution protects Americans against “unreasonable search and seizure” by law enforcement. In most cases, this means that police cannot search us or our property without first obtaining a warrant.
Some of our previous posts have focused on the troubling issue of wrongful conviction. Of the many mistakes and investigative errors that lead to wrongful conviction, one of the most common is false confession. This is a particularly high risk among juveniles.