Being charged with posession of a controlled susbstance is probably not something that you ever thought would happen to you. But, now that you are facing drug possession charges and have to face this in Wisconsin criminal courts. But you don’t have to do it alone.Charged with a crime in Wisconsin? Please call (888) 828-6041.
I have fought many drug cases in Wisconsin, so I know the law, the court procedures, and what you can expect if found guilty. Laws governing controlled substances are complex. From the way drugs are classified to how penalties are applied, it can be very confusing. Putting your trust in a defense lawyer who’s fought hundreds of possession charges can be a big benefit to you.
I know what you are up against. I also know the Wisconsin court system. I’ve gained respect from my colleagues and clients alike and would like the opportunity to gain your respect. Call today to discuss your possession charges and see how I can help you get the treatment you deserve on your day in court.
Wisconsin Drug Classifications & Categories
When the federal government categorized controlled substances into “schedules” and Wisconsin follows the same categories for drug classifications and penalties. These schedules help the courts and law enforcement categorize drugs by their risk of abuse.
Schedule I drugs include those that are the most dangerous and have a high risk of addiction or dependency and no legitimate medical use. Drugs included under this heading include LSD, marijuana, heroin, GHB, and ecstasy.
Schedule II substances still have a high risk of abuse but may have legitimate medical uses. These include things like opium, cocaine, methadone, methamphetamines, and amphetamines.
Schedule III drugs are slightly less dangerous than Schedule II substances, but still have a moderate risk of abuse. Schedule III substances include hydrocodone, codeine, anabolic steroids, testosterone, ketamine, and some depressants.
Schedule IV drugs have a slight risk of dependency and have very acceptable medical uses. Some Schedule IV drugs are clonazepam, some tranquilizers, and sedatives.
Schedule V substances have a very low risk of dependency and include things like over the counter medication with Codeine.
WI Drug Possession – Laws & Penalties
The charge and potential sentence you will face for a possession charge depends on the type of drug you were caught in possession of. For instance:
|Schedule 1 and 2 drugs not listed below||Up to 3 ½ years in prison and $10,000 in fines.|
|Cocaine First Offense||Up to 1 year in jail and $5,000 in fines.|
|Cocaine 2nd Offense||Up to 3 ½ years in prison and $10,000 in fines.|
|LSD and other hallucinogens, 1st Offense||Up to 1 year in jail and $5,000 in fines.|
|LSD and other hallucinogens, 2nd Offense||Up to 3 ½ years in prison and $10,000 in fines.|
|GHB , any offense||Up to 6 years in prison and $10,000 in fines.|
|Methamphetamines, any offense||Up to 6 years in prison and $10,000 in fines.|
|Other substances not listed||Up to 30 days in jail and $500 in fines, misdemeanor|
Ref: Wisconsin Statute 961
Wisconsin Drug Charge Penalties – Conditional Discharge
If this is your first offense, you may be eligible for conditional discharge under Wisconsin law. This means that before a judgment is entered you will have the opportunity to serve a term of probation.
If the probationary term is completed successfully, you will be discharged from the court and the drug charges dismissed.
Your probation will likely include random drug testing/urinalysis, meetings with a probation officer, possible curfews, employment requirements, drug/alcohol evaluation or addiction treatment programs, and other terms determined by the court and your supervising officer.
Drug Possession – Sentence Enhancements
There are certain situations that may enhance or increase your sentence. Things like your criminal history and the location in which you were caught in possession are all details that will affect your potential sentence.
For instance, if you are charged with possession and you were on state, county or city property at the time of the offense, you will face an additional community service requirement of 100 hours.
Drug Possession Charge Consultation in Wisconsin
The best way to know exactly what type of sentence you are facing is by consulting with an attorney experienced handling these types of charges.
The laws are complicated, but I can help walk you through it and figure out your best options to protect your rights. Contact me today to discuss your case.