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Drug Paraphernalia Possession Charges in Wisconsin
If the State issues charges against you for drug paraphernalia, you may wonder how severe of consequences you face, especially if police did not find drugs on your person. Wisconsin law typically considers possession of drug paraphernalia a misdemeanor. Although a misdemeanor is not considered as serious as a felony charge,, you may still face jail time and any conviction could have consequences for you later in life. Further, Wisconsin classifies any drug paraphernalia possession that relates to methamphetamine use as a felony.
It is critical that you fight a charge of drug paraphernalia possession. Convictions like these can follow people as they attempt to get employment, housing, or an education. If you have other convictions on your record, a drug paraphernalia conviction could be used to show that you have a history of disregarding the law.
Hiring an experienced Milwaukee criminal attorney will help you understand your options, including seeking drug treatment or another program that may mitigate the charges you face.
What the State Must Prove for a Drug Paraphernalia Conviction
The prosecutor will have to prove the following elements, each beyond a reasonable doubt:
- That you were in possession of an object;
- That the object was drug paraphernalia; and
- That you possessed the object with the intent to utilize it to ingest, inhale, or otherwise introduce a controlled substance into the human body.
Examples of Drug Paraphernalia That Can Lead to Criminal Charges
- Bongs and pipes;
- Rolling papers;
- Plastic baggies;
- Aluminum foil;
- Mirrors;
- Scales;
- Syringes;
- Burned spoons;
- Cigars (used for rolling papers); and
- Modified cans and bottles.
Penalties for Drug Paraphernalia Convictions
If the court convicts you of drug paraphernalia possession as a misdemeanor, a court can impose a fine up to $500 and/or sentence you to imprisonment of a maximum of 30 days. However, in the case the court finds you guilty of drug paraphernalia possession related to methamphetamine, the court may order a fine up to $10,000, up to six years of imprisonment, or both.
A Milwaukee, WI, Drug Paraphernalia Possession Lawyer Will Defend You in Court
Our attorneys will aggressively assert defenses on your behalf, some of which you may not be aware. Often, criminal defenses are sophisticated and rely on interpreting Wisconsin law in tandem with protections found in the United State Constitution. These defenses are best articulated by an attorney who knows the facts of your case as well as the law that will be persuasive to a court.
Call the experienced Milwaukee criminal defense attorneys at Gimbel, Reilly, Guerin & Brown, LLP at 414-271-1440.
Sources:
https://docs.legis.wisconsin.gov/statutes/statutes/961/VI/573/1
https://docs.legis.wisconsin.gov/statutes/statutes/961/VI/573/3/a
https://docs.legis.wisconsin.gov/statutes/statutes/939/IV/50/3/h
