Milwaukee, WI Drug Charge Defense Lawyer
When we defend any Wisconsin state or federal drug charge, our experienced Milwaukee drug crime lawyer will thoroughly dissect every part of the case. First, we put every skill to work for you, whether the state charged you with an offense of simple possession in Milwaukee, Wisconsin or possession with intent to deliver in Waukesha, Wisconsin. Specifically, to start we determine if there was an improper stop, search, or arrest by the police investigating the case.
For example, police officers who investigate narcotics offenses sometimes use illegal search and interrogation tactics to force confessions and try to obtain convictions. However, a Milwaukee criminal defense attorney from Gamino Law Offices, LLC won’t let them get away with it! Namely, we put the prosecutors to their proof at every stage of the proceeding – to suppress evidence and win trials for our clients.
Representing Clients Charged with a Controlled Substances Offense in Milwaukee & throughout Wisconsin
We represent clients charged with any drug offense in Milwaukee, Waukesha, Kenosha, Racine, Jefferson, Ozaukee, West Bend, Dodge or anywhere in Wisconsin
- Possessing a Controlled Substance
- Possession of Drug Paraphernalia
- Possession with Intent to Deliver
- Prescription Fraud
- Maintaining a Drug House
- Manufacture or Delivery of a Controlled Substance
- Other Narcotics Offenses
- Free Initial Consultations with WI Drug Crime Defense Lawyer
- Flat Fee Agreements and Payment Plans Available
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Controlled Substances Laws in Wisconsin
Wisconsin Statutes chapter 961 codifies the Uniform Controlled Substances Act. The act regulates, in particular, narcotics in Wisconsin and lists penalties for criminal violations. In particular, there are hefty penalties for violations of Wisconsin drug laws. Specifically, penalties include incarceration and mandatory driver’s license suspensions. However, the severity of the possible sentence depends on which controlled substance(s) the offense involved; the amount of the narcotic(s); the type of violation – whether someone is charged with possession, intent to deliver, or delivery; and also any prior drug convictions.
Controlled Substances classifications
Controlled substances in Wisconsin are classified according to the following:
1) Schedule I Narcotics include synthetic opiates, substances derived from opium, hallucinogenic substances, depressants, and stimulants, including heroin, MDA, MDE, MDMA, DOET, STP, LSD, PCP, psilocybin, psilocin, THC, GHB, and BZP.
2) Schedule II Narcotics include substances of plant origin, opium, and substances derived from opium, synthetic opiates, stimulants, depressants, and hallucinogenic substances, including opium, codeine, morphine, oxycodone, cocaine, methadone, amphetamine, and methamphetamine.
3) Schedule III Narcotics include stimulants, depressants, hallucinogenic substances, anabolic steroids, and other substances including pentobarbital and ketamine.
4) Schedule IV Narcotics include depressants, stimulants, and other substances, including clonazepam, diazepam, lorazepam, and phenobarbital.
Penalties for drug offenses
Required Driver’s License Suspension
Upon conviction for any drug offense, the judge must impose a suspension on the person’s privilege to operate a motor vehicle. Specifically, the law requires the judge to suspend the driver’s license for a minimum of 6 months to a maximum of 5 years. Additionally, eligibility for an occupational driver’s license is based on the number of prior controlled substances offenses.
Penalty Enhancers for Repeat Narcotics Offenses
If the current conviction is a second or subsequent felony drug conviction, then the penalty enhancer under § 961.48 applies. Specifically, the penalty enhancement provides that if the charged controlled substance offense involved: a class
- C or D felony: the max term of imprisonment may be increased by up to 6 years.
- E, F, G, H or I felony: the max term of imprisonment may be increased by up to 4 years.
Penalty Enhancers for Drug Crimes in Prohibited Places
Similarly, Wisconsin Statutes § 961.49 & 961.495 provide penalty enhancers for narcotic crimes in certain places. Specifically, the maximum term of imprisonment may be increased by 5 years if the controlled substance offense is:
- An offense involving distribution or delivery or possession with intent to deliver or distribute cocaine, cocaine base, heroin, LSD, Methamphetamine, Marijuana, or other narcotics
- And the offense occurs in a public housing project or within 1,000 feet of a park, correctional facility, jail, public swimming pool, youth or community center, public or private school, or a school bus;
Finally, the judge may also order up to 100 hours of community service for certain drug offenses.
In conclusion, for more information about our dedicated Milwaukee criminal lawyers and our Wisconsin drug crime lawyer in Milwaukee, Wisconsin who focus on state and federal drug charges, please contact us today! Also, visit our informative Wisconsin criminal resources page.