Defense of Wisconsin Drug Possession and Delivery Charges
If you are charged with any Wisconsin drug offense an experienced defense lawyer can help protect you from harsh jail sentences and counsel you on how to create a record that prevents or limits damage to your future employment prospects. Attorney Andrew Walter is an experienced Walworth County drug defense attorney who can help protect your rights and your record. Attorney Walter has defended people against a wide range of drug charges from possession of marijuana to serious charges involving delivery of marijuana, heroin, cocaine, and prescription drugs.
Drug cases in particular require a lawyer with local experience, who knows the prosecutors and judges who will handle your case. Attorney Andrew Walter has handled hundreds of Walworth County criminal cases; he knows the prosecutors, judges, and police. When you call for a free consultation, Attorney Walter will explain the kinds of plea agreements that are available in Walworth County drug cases. He will explain the kinds of agreements he has made with Walworth County prosecutors in similar cases. These agreements often involve reducing felony delivery charges to misdemeanor possession charges. Attorney Walter has also negotiated many agreements to reduce possession cases to non-criminal charges.
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Wisconsin Drug Laws
Possession of Drug Paraphernalia laws prohibit using drug paraphernalia or possessing drug paraphernalia with the primary intent to use it to, among other things, plant, manufacture, grow, process, test, package, contain, conceal, or introduce a controlled substance into the human body. Drug paraphernalia includes any equipment, product, or material used or designed for producing, processing, testing, or introducing a controlled substance into the human body. In most cases, the maximum penalty is 30 days in jail and a $500 fine.
Possession of a Controlled Substance
Possession can be a forfeiture, misdemeanor, or felony depending on the substance, amount, and your prior criminal record. In any case, possession charges require that the state prove that you knowingly possessed a controlled substance and that you knew that the substance was a controlled substance. Penalties for the most common drug possession offenses are as follows:
Possession of Marijuana can be charged as a ticket (civil offense) which comes with a fine and possible loss of license. The criminal charge for possession of marijuana, officially called possession of THC ( Tetrahydrocannabinol ), carries a maximum sentence of 6 months in jail, a $1,000 fine, and possible loss of license. If you have any prior drug offense you can be charged with felony possession of marijuana, which carries a maximum penalty of 3 and one half years Wisconsin State Prison and a $10,000 fine.
Possession of Cocaine, Possession of LSD, Possession of Psilocybin aka mushrooms, Possession of Amphetamines, and most other hallucinogenic or stimulant drugs carries a carries a maximum penalty of 1 year in jail and a $5000 fine for a first offense. A second offense is a Class I Felony subject to a maximum penalty of 3 and one half years in prison and a $10,000 fine.
Possession of Heroin is a felony regardless of the amount involved and carries a maximum penalty of 3 and one half years in prison and a $10,000 fine.
Possession of Anabolic Steroids is a misdemeanor punishable by up to 30 days in jail and a $500 fine. A valid prescription from a licensed doctor can be a defense to steroid charges.
Possession with Intent to Deliver marijuana, cocaine, heroin, or any other controlled substance is a felony subject to a prison sentence and substantial fines. In addition to proving you possessed a controlled substance, the state must prove that you intended to deliver or distribute that drug to another person. Intent to deliver can be proven by your statements, the amount of drugs, whether the drugs are divided into multiple packages, the value of the drugs, any paraphernalia found, and any other evidence of intent. Wisconsin Possession with Intent to Deliver charges are felonies. The maximum penalty varies depending on the drug, amount, and other circumstances.
Manufacture of a Controlled Substance or Delivery of a Controlled Substance is a felony in Wisconsin subject to a prison sentence and hefty fines. Like Possession with Intent, the maximum sentence varies depending on the drug, amount, and other circumstances.
Wisconsin Drug Offenses and Student Loans
Any college student receiving Stafford Loans or any other Federal Student Loans who is convicted of any drug crime in Wisconsin risks ineligibility for future student loans. In many cases a qualified drug defense lawyer can either negotiate an agreement that protects your loan or guide you to an approved drug counseling program that will quickly restore your eligibility for student loans. Attorney Andrew Walter has helped numerous UW-Whitewater and other college students navigate the complicated regulations regarding drug charges and student loans. Call or contact Attorney Walter today for a free consultation to discuss your options.
Illegal Searches and Drug Law
One of the most common issues for any drug defense lawyer is whether the police unconstitutionally obtained evidence against you. Often police find marijuana or other drugs through searches of cars, clothes, bags, and homes. Except in extraordinary circumstances, the police must have your consent, a warrant, or probable cause before searching your property or possessions for marijuana or other drugs. Even if you consent to a search, the District Attorney must show that you consented voluntarily. When police obtain evidence by violating your right to be free from unreasonable search and seizure, that evidence cannot be used against you in court.
Offers to Work as an Informant
Sometimes police or prosecutors will offer you a reduced charge or sentence if you become a confidential informant. This often involves wearing a wire to make controlled drug buys. This option may or may not make sense for you depending on the circumstances of your own case, the terms of the deal, and your personal feelings on this subject. You should consult with an experienced Wisconsin drug lawyer before accepting any deal to become a police informant. At Walter Law Offices, our job in this situation is to make sure you have all the necessary information to make an informed decision. How strong is the case against you? You may not want to become an informant if the State has a weak case. How many buys will you have to make? An experienced criminal defense lawyer can make sure you are not tricked into a more onerous deal. What will you get for your efforts? Again, only a lawyer who has dealt with these negotiations can advise you on how you should be rewarded for your efforts and for taking the risks involved. A lawyer can negotiate a written contract to protect your rights. If you are offered a deal to work as a confidential informant, contact Attorney Walter immediately to discuss whether this makes sense for you.
Walter Law Offices
108 West Court Street
Elkhorn, WI 53121
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