Wisconsin Criminal Attorneys: Providing Zealous Representation to Milwaukee Drug Possession Offenses and Any Other Controlled Substance Charge Defense in Wisconsin
Gamino Law Offices, LLC provides representation for criminal drug possession charges in Wisconsin. Our Milwaukee lawyers represent clients in every type of case involving possession of any controlled substances, paraphernalia, or prescription fraud. If your criminal complaint charges possession of a scheduled narcotic drug or any other controlled substance, you should hire a lawyer. Contact us to meet with a capable Wisconsin possession of a controlled substance defense lawyer who will examine every available defense to your case.
Charged with Possession of Drugs or Paraphernalia in Milwaukee?
Specifically, your case may involve possession of any number of controlled substances. We handle cases alleging possession of heroin, cocaine, crack, LSD, magic mushrooms, ecstasy, speed, PCP, meth, marijuana, and other controlled substances. Our Wisconsin lawyers also defend clients accused of possessing equipment used to ingest illegal drugs, sometimes known as drug paraphernalia. The experienced Milwaukee drug crimes lawyer at our Wisconsin law firm provides a solid defense strategy whatever your situation.
No matter what aspect of your case needs to be fought, we are ready to come out swinging for you. Our tools include litigating illegal searches, seizures, confessions, and trials. We employ every defense for your case. Whether your best defense requires going to trial, finding successful treatment options, or negotiating plea agreements to minimize any penalties or incarceration, our Milwaukee criminal defense attorneys are the best lawyers to defend your drug charges.
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Experienced Milwaukee Trial Attorney: Possession of Controlled Substance Charges Defense in Wisconsin
In Wisconsin, the State may charge you with Possession of a Controlled Substance, in violation of Statute § 961.41(3g) if the State alleges:
- you possessed a substance;
- the substance was a controlled substance or controlled substance analog;
- known or believed that the substance was a controlled substance or controlled substance analog.
Similarly, the State may charge you in Wisconsin with Possession of Drug Paraphernalia contrary to § 961.573(1), or 961.573(3) for Methamphetamine Paraphernalia if you are alleged to have:
- possessed an item;
- the item in question was drug paraphernalia;
- possessed the drug paraphernalia with the primary intent to use it to:
- (for regular paraphernalia:) ingest, inhale, or otherwise introduce into the human body a controlled substance, or
- (for methamphetamine paraphernalia:) manufacture methamphetamine.
Also, see prescription drug fraud crimes (violations of § 961.43 Wisconsin Statutes). Charges of prescription drug fraud arise when, for example, someone steals prescription pads from a doctor. Other examples include when someone forges a doctor’s signature on a prescription or obtains unauthorized refills of a prescription. Finally, it also constitutes prescription drug fraud to illegally sell a prescription, or otherwise illegally use a prescription or prescription medication.
Sentencing Penalties if Convicted of Drug Possession or Related Offenses
The potential penalties for possession of controlled substances are based on the illegal drug and the amount. Specifically, the penalty range at sentencing upon conviction, according to illegal substance, is as follows:
- Any schedule I or II controlled substance, generally (includes heroin): Class I felony.
- Any controlled substance, generally, other than a schedule I or II narcotic or a substance for which a specific penalty is provided: Unclassified Misdemeanor – 30 days jail and a fine of $500.
- Cocaine, cocaine base, hallucinogens or stimulant drugs (including LSD, amphetamine, psilocin, psilocybin):
- First conviction: Maximum of 1 year in jail and a fine of $5000.
- Second or subsequent controlled substances conviction: Class I felony.
- Tetrahydrocannabinol (THC/Marijuana):
- First conviction: Maximum of 6 months in jail and a fine of $1000.
- Second or subsequent controlled substances conviction: Class I felony
- GHB or Ketamine: Class H felony.
- Methamphetamine: Class I felony.
Possession of Drug Paraphernalia carries a potential sentence of 30 days jail and a fine of $500.
Possession of Methamphetamine Paraphernalia is a Class H felony.
Prescription Drug Fraud Crimes are generally Class I felony 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. The driver’s license suspension can last for a minimum of 6 months to a maximum of 5 years. The number of prior controlled substances offenses determines eligibility for an occupational driver’s license.
Wisconsin Controlled Substance Penalty Enhancers
Wisconsin Statutes § 961.49 & 961.495 provide penalty enhancers for WI drug trafficking crimes in certain places. Specifically, the maximum term of imprisonment may increase by 5 years if the controlled substance offense:
- Involved distribution or delivery or possession with intent to deliver or distribute cocaine, cocaine base, heroin, LSD, Methamphetamine, Marijuana, or other narcotics.
- And occurred 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.
Further. the judge may also order up to 100 hours of community service for certain drug possession offenses in Wisconsin.
Similarly, Wisconsin Statute § 961.48 provides enhanced penalties for second or subsequent WI felony drug offenses. Specifically, for a second or subsequent offense, the penalties increase as follows, based on the original charge. if the charged offense is:
- A class C or D felony: the maximum term of imprisonment may be increased by up to 6 years.
- A class E, F, G, H or I felony: the maximum term of imprisonment may be increased by up to 4 years.
Note, Milwaukee drug defense lawyers also represent clients charged with narcotics trafficking offenses in Wisconsin, including delivery/manufacture controlled substances & possession with intent.
In conclusion, for more information about our dedicated Milwaukee, Wisconsin criminal lawyers who focus on state and federal drug charges, please contact us today! Additionally, you can click here for links to court information and jail inmate locators in Wisconsin.