State v. Karpinski

This appeal challenges the constitutionality of a criminal complaint on the ground that the Waukesha county district attorney exercised discretion to charge the defendant with a statutory violation in a criminal action when the same conduct could have been prosecuted as an ordinance violation in a civil action. We affirm the order of the circuit court upholding the validity of the criminal complaint.

Karpinski, the defendant, was charged with a misdemeanor, possession of controlled substances (marijuana and amphetamines) in violation of sec. 161.41(8), Stats. The alleged offense occurred on…