By: Attorney Jason Luczak

Law enforcement officials take drug charges very seriously. Those who are accused of possessing, selling, distributing, or transporting controlled substances may face a variety of criminal charges. The severity of these charges can vary depending on whether a person is charged with an offense at the state or federal level. In many cases, federal charges are more serious, and a conviction may result in very large fines, a lengthy prison sentence, and other consequences.

By: Attorney Cameron Weitzner

You may be surprised to learn that even if you are not caught in possession of an illegal narcotic, you can still end up in jail over drugs. In Wisconsin, you could be charged with a misdemeanor for having drug paraphernalia - or a felony, if the paraphernalia relates to methamphetamine. The definition of what does or does not count as drug paraphernalia can be quite a source of confusion. Paraphernalia is not limited to items specifically designed for the sole purpose of using drugs. Almost anything has the potential to become paraphernalia if it appears that you intended to use it for that purpose. 

If you have been charged with a crime related to drug paraphernalia, it is important that you take it seriously and seek out an experienced attorney. 

By 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.

By 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.

By 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.