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Robert S. Duxstad
Daniel P. Bestul
Lance A. McNaughton

Charges Dismissed

Posted: 3.20.2017  |  Author: 


In a recent case, Bob Duxstad’s client was charged with intention to deliver marijuana, possession of drug paraphernalia, and maintaining a drug trafficking place as a party to a crime. Undercover officers had conducted two controlled marijuana purchases from the Defendant’s wife and then subsequently obtained a search warrant for the premises. During the search the law enforcement officers found numerous drug paraphernalia and other small amounts of marijuana in several places including in a bedroom and porch.

At the preliminary examination, Attorney Duxstad cross-examined the law enforcement officer who conceded that the marijuana was mostly contained in areas that were hidden and not readily visible to occupants within the residence. Under cross-examination, the officer further admitted that Attorney Duxstad’s client was not present during either of the two controlled purchases and was not otherwise directly involved in setting up purchases and would have likely been at work at the time the purchases were made.


At the conclusion of the preliminary examination, the Green County Judge agreed with Attorney Duxstad that the State had failed to establish probable cause to show that the Defendant had the requisite knowledge that his wife was possessing and selling marijuana and the felony charges were dismissed.


Following the dismissal of the two felony charges against Attorney Duxstad’s client, the Green County District Attorney agreed to dismiss the remaining misdemeanor charge of possession of drug paraphernalia.



Robert S. Duxstad's practice includes representation for criminal and traffic law, including OWI, personal injury, and civil litigation, in both Green and Lafayette Counties in Wisconsin. He can be reached by e-mail at duxstad@duxstadlaw.com.





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