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Supreme Court restricts civil forfeiture

Wisconsin and other states have civil forfeiture laws that allow law enforcement to seize cash, vehicles and other private property that may have been used in crimes, particularly drug offenses. The U.S. Supreme Court, however, unanimously ruled that the Constitution restricts the ability of states and towns to take property involved in crimes. This decision can help a drug charges defense law firm fight this practice.

Another Strike Dealt Against Unfair Marijuana Laws

With both Attorney Obear and Attorney Kaehne being active legal committee members for NORML, J.D. reached out to our firm for representation on charges of Felony Possession of Marijuana, Possession of Drug Paraphernalia, and Felony Bail Jumping case in Iowa County, Wisconsin. Back in 2013, J.D. and his bandmate played a show in Milwaukee, and were driving back to their home State of Nebraska when pulled over for a traffic violation. The Deputy noted the odor of marijuana, and J.D. immediately handed over a baggie containing marijuana residue, and a marijuana pipe. He bailed out that same night, but was later issued a Felony Bail Jumping charge for missing a Court date. When our firm took the cases over, J.D. was facing a potential penalty of 10 years in prison.

Drug Case Dismissed

Melissa's client was arrested and charged with Possession of a Controlled Substance after law enforcement searched his vehicle as it was leaving a state park. First, Melissa filed a motion to exclude evidence of the odor of marijuana being present during the traffic stop. The judge agreed that any testimony regarding the odor of marijuana coming from her client was highly prejudicial and irrelevant and must be excluded. After losing the motion, the prosecution tempted the client with an offer to resolve the case with a fine only. The client maintained his innocence and Melissa kept fighting. After Melissa filed additional motions, the prosecution was left with no choice but to dismiss the case outright.

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    • Avvo Rating 10 Superb Top Attorney
    • Super Lawyers
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Obear and Kaehne
603 South 8th St
Sheboygan, WI 53081

Phone: 920-395-3004
Fax: 920-395-2202
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