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Wisconsin Drug Crimes
Controlled Substance Charges
Wisconsin laws are tough on drug crimes, as are federal laws. Drug convictions usually result in harsh prison sentences. Perhaps contrary to popular belief, a person can be tried by two governments for the same crime without being placed in double jeopardy, and a person can be charged by both the state of Wisconsin and federal government for crimes including possession, selling, manufacturing, trafficking drugs, keeping a drug house, distributing drugs, and delivering drugs because both state and federal laws prohibit such acts.
Drug & Conspiracy Charges
Drug charges often include conspiracy charges so as to include more people in the prosecution, encourage one defendant to turn evidence against another, and allow the prosecution to choose their venue (the jurisdiction under which they charge the alleged defendant and ultimately try the case - a federal court or Wisconsin state court.
In most instances, federal and state prosecutors discuss the charges and determine which agency will prosecute the case.
Both Wisconsin and Federal laws prohibit possession, possession with the intent to deliver, delivery of a controlled substance, manufacturing drugs, and maintaining a drug dwelling.
Additionally, both prohibit trafficking drugs, which is often charged under federal laws. Wisconsin laws also prohibit fraudulently acquiring prescriptions. Both Wisconsin and federal laws provide severe penalties for any drug related conviction and those penalties are more severe (enhanced) if a minor is involved in any drug related offense.
According to Human Rights Watch (HRW), which monitors crime and punishment in the United States and around the world, the great majority of drug offenders incarcerated under mandatory sentencing laws are nonviolent men and women. Although most of these people were convicted of low-level drug-related offenses, they may have been sentenced to spend years in prison. "Whether repeat or first-time offenders," notes a HRW report, "whether convicted of possession, sale, possession with intent to sell or attempted sale, most of these offenders are guilty of minor crimes for which they should be held accountable - but for whom prison is a misguided sentence."
Federal & wisconsin drug charges & schedules
The most severe legal restrictions and penalties under both Wisconsin and federal laws involve Schedule I and II drugs. Charges range from misdemeanor offenses to felony offenses, and punishment can include jail time, prison time and treatment programs. Wisconsin drug schedules and federal drug schedules are very similar. Wisconsin's drug laws federal laws, but the penalties differ; some are less harsh and more flexible under the state's sentencing schemes than under the federal sentencing guidelines, while others are more severe.
A conviction of simple possession, for example may receive a sentence under state law of drug treatment rather than jail time, and probation may be available to first-time offenders for even the more serious crimes.
A few facts on drug charges:
- One in four persons convicted and sentenced to prison for a drug crime is convicted of simple possessing of drugs.
- Most people convicted for drug offenses are nonviolent.
- Most minimum sentences range from one year in jail to three years in prison for first-time offenders, and three years to 12 years in prison for second or repeat offenders.
Since the 1970's, the United States has declared "war on drugs" to end substance abuse, yet it has succeeded in punishing and imprisoning many Americans who might otherwise lead productive lives. A felony conviction, even for a minor drug offense, is a heavy burden for anyone going back into the job market. And while it is difficult to determine in advance the exact sentence an alleged drug offender faces, rarely does a defendant get off lightly without the benefit of an experienced criminal defense attorney.
Drug charges cover a broad range of offenses, from the less severe, such as simple possession of a small amount of certain drugs, to the more serious, such as participation in an ongoing drug-related criminal enterprise or manufacturing and distributing drugs. Even minor charges can be terrifying and carry the risk of serious penalties upon conviction; the more serious charges, of course, can give rise to even graver consequences.
A consultation with an experienced criminal defense attorney from will help you understand the possible and real charges and sentencing outcomes you face, what you need to do to prepare your defense against the charges, and negotiate charges.
Wisconsin Criminal Defense Lawyer
Attorney Mike Rudolph defends people accused of ordinance violations, a non-criminal first offense drunk driving (OWI), misdemeanor OWI, drunk driving test refusal, 2nd & subsequent OWI charges, Battery, Disorderly Conduct, Domestic Abuse, Drug Possession, Drug Trafficking, Keeping A Drug House, Manufacturing Drugs, Distributing Drugs, Delivery Drugs, Prescription Drug Abuse, Injunctions, Criminal Injunctions, Burglary, Embezzlement, Felon in Possession of Firearms, Forgery, Fraud, Vehicular Homicide OWI, Robbery, Theft Crimes, and serious Traffic Offenses.
Criminal Investigations
Rudolph Law Office's criminal defense helps people who anticipate being charged and those who have already been charged in Wisconsin.
Call Rudolph Law Today!
For legal advise you can trust, please call Attorney Mike Rudolph directly at 920-730-8533.