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330 East Kilbourn Avenue, Suite 1170
Milwaukee, WI 53202
Gimbel, Reilly, Guerin & Brown, LLP

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Milwaukee criminal defense law firmMilwaukee, WI drug charges attorney for diversion programsBy Attorney Cameron Weitzner and Paralegal Rachel Sweet

The circumstances leading to criminal charges for drug possession can be complicated, and in many cases, they involve a history of substance abuse on the part of the alleged offender. The State of Wisconsin recognizes that treatment, education, and rehabilitation are often more effective responses to drug offenses than a harsh prison sentence. As such, the state allows a one-time conditional discharge and dismissal of charges for certain first-time drug offenders. This treatment option is an alternative to a prison sentence for offenders who are dependent on a controlled substance.

Some Wisconsin counties, including Milwaukee County, take these measures a step further by offering pretrial diversion programs for drug offenders. If you are facing drug charges, your attorney can help you understand whether you are eligible for one of these programs and take the necessary steps to fulfill your requirements.

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Milwaukee criminal defense law firmMilwaukee, WI drug crimes defense lawyerBy Attorney Cameron Weitzner and Paralegal Rachel Sweet

A large portion of drug-related arrests and convictions in Wisconsin involve the crime of drug possession. The penalties for a first offense of possession of a controlled substance are relatively minor, typically including a fine between $1,000 and $5,000 and jail time of six months to one year, depending on the type of drug. However, under certain circumstances, an arrest for drug possession could result in more serious consequences, particularly if there is evidence of possessing the drug for something other than one’s personal use. When you are facing felony drug charges, an attorney can help you protect your rights.

What Qualifies as Possession With Intent to Distribute or Manufacture?

Unlike simple possession, the crime of possession with intent to manufacture, distribute, or deliver a controlled substance is always considered at least a Class I felony in Wisconsin, meaning that a conviction can result in a sentence of up to 42 months in prison and a fine of up to $10,000. However, the penalties can greatly increase in severity based on the schedule or type of substance and the amount possessed. The most serious crimes of this nature, involving large amounts of heroin, cocaine, or methamphetamine, are charged as Class C felonies with fines up to $100,000 and up to 40 years of imprisonment.

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Milwaukee, WI drug charges defense lawyerBy Attorney Cameron Weitzner

In Wisconsin, if a law enforcement officer pulls you over under suspicion of driving under the influence, you may be arrested on OWI charges if there is evidence that your abilities are impaired by a drug or controlled substance. However, in some cases, this is only the beginning of the criminal charges a person may face after a traffic stop. Depending on the circumstances, an officer could arrest a driver for drug possession or a more serious drug offense. If you have been arrested on drug charges after a traffic stop, it is crucial that you understand your rights.

How Can a Traffic Stop Lead to Drug Charges?

An arrest for drug possession can be the ultimate outcome of a traffic stop even if the officer’s reason for initiating the stop was something completely different. In large part, this depends on what happens during the stop. In Wisconsin, an officer does not necessarily need a warrant to search a vehicle if there is probable cause to believe that it contains evidence of a crime. In a traffic stop, probable cause can be established in a variety of ways.

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Milwaukee drug charges defense attorneyBy Attorney Cameron Weitzner

In Wisconsin, thousands of people are arrested on criminal drug charges each year, with marijuana-related arrests being the most common. If you are one of the many who have been arrested, you may be facing serious consequences, but given the complexity of Wisconsin’s drug laws, it can be difficult to determine just how serious those consequences may be. An experienced criminal defense attorney can help you better understand the charges you are facing and present a strong defense to help you avoid a conviction or minimize the penalties you may face.

Factors Involved in Wisconsin Drug Charges

Drug-related offenses in Wisconsin range from misdemeanors, which can result in a maximum of $1,000 in fines and six months of imprisonment, all the way up to Class C felonies, which can result in a maximum fine of $100,000 and up to 40 years in prison. A number of factors can impact the severity of your charges and the potential penalties you may face, including: 

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Milwaukee, WI drug possession defense lawyer

By Jason Luczak, Brianna Meyer and Ray Dall’Osto  

With the changing climate of each state’s laws and regulations regarding drugs, particularly marijuana, it is crucial to know your state’s laws to avoid criminal charges, high fines, and potential jail or prison time. Marijuana possession, use, and distribution remains illegal in Wisconsin, unlike several of its surrounding neighbors.

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