Understanding the Consequences of a Drug Charge in Wisconsin

 Posted on August 04, 2016 in Drug Crimes

Drug charges are one of the most complicated criminal matters in the state of Wisconsin. This is because there are so many different factors used to determine the consequence. Able to impact your life in ways that you may not have even considered, it is critical that you understand these consequences and how you can best protect yourself when facing a drug charge in Wisconsin.

Factors Used to Determine Sentencing of a Drug Charge

Like other states, Wisconsin adheres to a drug schedule to determine the penalties of a drug charge. Drugs with a higher classification – those said to have no medical use – typically result in a heavier consequence, but there are exceptions. For example, being arrested near a school can result in heavier penalties, even for those arrested with lower classification drugs in their possession. Other factors used to determine the severity of a charge will typically include the amount of substance found in possession and the number of previous drug charges. Keep in mind, however, that even these factors can be deceptive. For example, carrying above a certain amount could result in an intent to deliver charge.

Potential Consequences of a Drug Charge

Even a first-time possession can result in felony charges, jail time, and fines that range anywhere from hundreds to tens of thousands of dollars. However, some first-time offenders may be eligible for a Conditional Discharge, which can result in a dismissal of charges if certain conditions are met. Typically, these conditions will include drug testing, mandated treatment programs, employment programs, and other court-imposed stipulations over a pre-set probationary period.

A second offense almost always carries a jail sentence along with an increase in fines. Third and subsequent offenses continue to carry increasingly heavier penalties. Furthermore, it becomes more difficult to defend those who are facing subsequent charges because, typically, they are not eligible for the Conditional Discharge option. For this reason, it is critical that you seek skilled and experienced legal defense if you are facing a subsequent drug charge.

Defending Your Rights Against Drug Charges in Wisconsin

Oftentimes, those arrested on drug charges assume that they do not have any options. They plead guilty, even when improper procedure, illegal search or seizure, or a lack of probable cause could have reduced or even eliminated the charges against them. Do not make this same mistake! Get the experienced criminal defense you deserve and contact Gimbel, Reilly, Guerin & Brown, LLP today. Our Milwaukee, Wisconsin criminal defense attorneys can protect your rights and will take immediate and aggressive action to mitigate your charges. Call us at 414-271-1440 for a consultation today.

Sources:

http://www.jsonline.com/news/wisconsin/wisconsin-eligible-for-13-million-to-combat-opioid-crisis-b99752635z1-384724721.html

https://docs.legis.wisconsin.gov/statutes/statutes/961/IV/41/3g/e