Drug Crimes
Have the police arrested you for a drug offense? A conviction for drug charges can have significant consequences for your future. Don’t leave the outcome of your drug charges to chance. Contact the Wisconsin criminal defense lawyers at Nolan Defense Alliance for an initial case evaluation with our experienced drug defense attorneys to discuss how our firm can help you protect your rights, reputation, and freedom from the consequences of a conviction.
Types of Drug Crimes We Handle
At Nolan Defense Alliance, our firm represents individuals facing a wide range of drug charges under Wisconsin law.
State law makes it illegal for a person to manufacture, distribute, or deliver a controlled substance or controlled substance analog unless otherwise authorized by Wisconsin law. The penalty for a drug manufacturing, distribution, or delivery offense will depend on the type and quantity of drug involved in the case. Penalties range from Class I felonies for offenses involving Schedule V drugs to Class C felonies for large amounts of the most dangerous drugs, such as cocaine, heroin, fentanyl, and methamphetamine.
A person commits an offense if they possess a controlled substance or controlled substance analog with the intent to manufacture, distribute, or deliver. The law allows prosecutors to prove intent by various kinds of evidence, such as the quantity or monetary value of the substances, the possession of manufacturing equipment or materials, and the activities or statements of the defendant(s) in possession of the controlled substance or analog. Penalties for possession with intent to manufacture, distribute, or deliver charges range from Class I to Class C felonies. Our Milwaukee drug crimes attorneys can help you understand the charges you may be facing in your situation.
Wisconsin law prohibits creating, manufacturing, distributing, delivering, or possessing with intent to distribute or deliver a counterfeit controlled substance, which can result in a felony charge ranging from Class I to Class C, depending on the nature and quantity of the substance.
Simple Possession
In Wisconsin, a person may not possess or attempt to possess a controlled substance or analog unless they obtain it directly from or pursuant to the valid prescription of a medical practitioner or unless the law authorizes the person to possess the substance. Offenses may constitute a Class I or H felony or an unclassified misdemeanor, depending on the type of drug possessed.
The law prohibits knowingly distributing or delivering or attempting to distribute or deliver a noncontrolled substance when they expressly or impliedly represent the substance as a controlled substance or claim that the substance has an appearance or effect that will allow the recipient to sell or distribute the substance as a controlled substance.
Wisconsin criminal law makes it illegal for a person to knowingly keep or maintain a shop, store, warehouse, dwelling, building, vehicle, boat, aircraft, or other structure for other persons to use controlled substances unlawfully or to manufacture, store, or deliver controlled substances. Committing this offense will result in a Class I felony charge.
State law prohibits acquiring controlled substances through misrepresentation, fraud, forgery, deception, or subterfuge, or possessing any instrument designed to print or imprint a trademark or other identifying mark upon a drug or container to make a counterfeit substance or duplicate the physical appearance, packaging, or label of a controlled substance. Violating this statute constitutes a Class H felony.
Penalties for Drug Convictions
Penalty ranges under Wisconsin law include:
- Class C Felony – Up to 40 years in prison, a fine of up to $100,000, or both
- Class D Felony – Up to 25 years in prison, a fine of up to $100,000, or both
- Class E Felony – Up to 15 years in prison, a fine of up to $50,000, or both
- Class F Felony – Up to 12 years and six months in prison, a fine of up to $25,000, or both
- Class G Felony – Up to 10 years in prison, a fine of up to $25,000, or both
- Class H Felony – Up to six years in prison, a fine of up to $10,000, or both
- Class I Felony – Up to three years and six months in prison, a fine of up to $10,000, or both
Potential Defenses to Drug Charges
A person charged with a drug offense in Wisconsin may work with their defense attorney to pursue various legal or factual defenses to seek a reduction or dismissal of their charges or an acquittal at trial. Common defense strategies used in drug cases include:
- Lack of Intent – A defendant may assert that the evidence fails to show they acted with a level of criminal intent required by the charged statute.
- Lack of Possession – Defendants in drug cases frequently argue that the prosecution’s case fails to prove beyond a reasonable doubt that they had knowing actual or constructive possession of the drugs. This may happen when police find drugs under another passenger’s seat or in a room in a residence accessible by multiple individuals.
- Lawful Possession – A defendant may present evidence of a valid prescription that allowed them to possess a controlled substance.
- Lack of Laboratory Testing – A defendant may assert that the state’s case fails to prove the identity of the substance seized from the defendant by conducting laboratory testing.
- Unlawfully Obtained Evidence or Statements – Defendants may seek to exclude evidence of drugs from the prosecution’s case by arguing that police obtained the evidence through an unlawful search. Similarly, defendants may move to exclude inculpatory statements they made to police by claiming they made them during custodial interrogation where officers failed to advise the defendant of their rights.
Wisconsin also has a “Good Samaritan” law, which grants immunity from prosecution for simple possession or possession of paraphernalia to anyone who seeks medical help for someone experiencing or suspected of experiencing an overdose. This includes bringing the person to a healthcare facility, calling 911, or contacting a first responder or medical provider for assistance.
How Can a Criminal Defense Lawyer Help You Face Prosecution for Drug Offenses?
When you face prosecution for drug offenses, including second or subsequent drug offenses, a drug crimes defense attorney from Nolan Defense Alliance can help you defend your rights and reputation by:
- Investigating your case to obtain evidence that can assist us with building a compelling defense
- Explaining your charges, the potential outcomes, and your legal options to help you make informed decisions about how to deal with your case
- Evaluating potential legal strategies to help you seek a more favorable resolution to your charges
- Fighting the prosecution’s case at every opportunity, including contesting the admissibility of evidence or the sufficiency of the case against you
- Vigorously pursuing the best possible outcome under the circumstances, even when that means going to trial
Our case results show a proven track record of criminal defense attorneys who build strong relationships with out clients and strong legal strategies to defend them. Speak with a Wisconsin drug crimes attorney now or contact us online. Hablamos Español.
Contact Our Firm Today to Discuss Your Charges
If you’ve been arrested on drug charges in Wisconsin, you need experienced, dedicated legal advocates who will fight to protect your rights and interests. Nolan Defense Alliance brings substantial experience and a strong track record to drug crime defense cases like yours, and we’re ready to provide the support you need and deserve. Contact us today for a confidential consultation with our legal team to discuss your options for seeking a favorable resolution to your case.