Attorney Stangl represented a client charged with possession of narcotic drugs, fentanyl, and possession of cocaine. Possession of fentanyl, even in very small amounts, is a felony.
The drugs were discovered during a search of his client’s property prior to being booked into the Dane County Jail on a traffic violation. To prove possession of drugs the State has to prove the defendant knew that it was the particular drug and that they possessed it, meaning they exercised dominion and control over the item.
Here, there was no question the client possessed the drugs since they were found in his wallet which was removed from his person prior to an inventory search of personal property at the jail. Unfortunately, fentanyl is being mixed with other street drugs, usually unknown to the possessor. Here, the client did not have knowledge that fentanyl was mixed with the cocaine.
At the preliminary hearing held on the fentanyl charge Attorney Stangl moved to dismiss, arguing that the State had failed to establish probable cause as to the possession of fentanyl. He argued that there was no evidence or reasonable inferences therefrom, that his client knowingly possessed the drug. The court denied the motion and the matter was bound over for further proceedings, including trial.
A relentless advocate for his clients, Attorney Stangl was able to get the fentanyl charge dismissed outright and the possession of cocaine charge, a misdemeanor, amended to a non-criminal ordinance violation for possession of drug paraphernalia. His client ended up with a civil infraction and a small fine, escaping all criminal consequences.