drug crimes

manufacutring, distributing, delivering

Possession with intent to distribute

Possession of a controlled substance with the intent to distribute is considered a felony in Wisconsin. The level of felony depends on the type of drug and amount. For example, possession of 200 grams of THC or less is considered a Class I felony with a maximum penalty of 3.5 years imprisonment and a fine of $10,000. Up to 1,000 grams yields a Class H felony with a maximum term of imprisonment of 6 years. Possession of three grams or less of methamphetamine is charged as a Class F felony, while more than 50 grams is considered a Class C felony.

Second & Subsequent Offenses

First offenders receive lighter penalties than individuals who are considered repeat offenders. For example, a second or subsequent offense of possession of THC can result in a Class I felony with the possibility of being imprisoned for up to 3.5 years and a fine up to $5,000.

Manufacturing, Distributing, or Delivering A Controlled Substance

Manufacturing, Distributing, or Delivering of a Controlled Substance

Manufacturing, distributing, and delivering a controlled substance all have different definitions under state law, but the penalties are similar. For example, delivering, manufacturing, or distributing under 200 grams or four or fewer plants of marijuana can result in being charged with a Class I felony. Delivering, manufacturing, or distributing one gram or less of cocaine can result in a Class G felony with a possible penalty of 10 years imprisonment and a $25,000 fine. The definitions of these offenses include:

Manufacture – to produce, prepare, compound, or process a controlled substance.
Distribute – to deliver other than administering or dispensing a controlled substance
Deliver – the transfer from one person to another of a controlled substance

Drug Trafficking or Keeping A Drug House

In Wisconsin, it is illegal for a person to knowingly keep a drug house or other structure. This crime is charged as a Class I felony, and can be charged when the following conditions are present:

You kept a building or place.
People used controlled substances in the building or place, or it was used to manufacture, store, or deliver drugs.
You knew the building or place was used for this purpose.

Have You Been Charged With Drug Trafficking? There Is Help For You.

State and federal prosecutors take drug distribution cases seriously. At J. Kippa Law, LLC, attorney Jeffrey Kippa’s criminal defense team know how to handle drug trafficking cases and what options are available to dismiss or reduce charges and penalties.

Felony Charges Carry Harsh Penalties

Drug charges can significantly impact a person’s life, especially if they are felony charges for drug delivery or possession with the intent to deliver. Jeffrey Kippa and team have experience with drug cases and know what prosecutors and judges are thinking. Their knowledge of the process allow them to find the best outcome possible for their clients, which may include taking a plea deal that involves going to a treatment facility

Advocates For Treatment, Compassion In Many Cases

Jeffrey Kippa’s criminal defense team genuinely care about their clients. They not only review their cases in great detail, but they always looks at the bigger picture to help their clients overcome their struggles with addiction or other bad habits.

Drug trafficking charges require a lawyer who knows what’s at stake. Jeffrey Kippa and team are dedicated to their clients and handle every aspect of their cases. At the law office, clients work directly with Jeffrey Kippa and the award winning defense team, and there are never any surprises about who will be representing them in court.

Homicide Len Bias Law

If you supply a controlled substance to a person and he or she dies after taking it, you can be charged with homicide under the Len Bias law. If convicted of this crime, you can face up to 25 years imprisonment, followed by 15 years of extended supervision.

Party to a crime

A person can be charged as a party to a crime if he or she commits a crime, helps someone commit it, conspires with someone else to commit it, or hires someone else to commit it.

Search And Seizure In Wisconsin

You have rights against search and seizure in every state. Knowing what an unlawful search is and how to protect your rights in a police search can make all the difference between a criminal charge and preserving your rights.

At J. Kippa Law, LLC, defending your freedom is attorney Jeffrey Kippa and team’s priority. After 30 years working with prosecutors and the criminal justice system, their thorough knowledge and compassionate approach have helped hundreds of Wisconsin clients from Oshkosh to Green Bay.

You Can Say No To Unreasonable Searches

The Fourth Amendment protects United States citizens from searches of their person, property, car and place of residence unless the search can be proven reasonable. This law also protects you from a police officer arresting you without evidence. This is called an unlawful arrest or “seizure.”

You may, however, be legally searched or arrested if the following situations occur:

The police have a valid search warrant or arrest warrant.
Probable cause exists that you have committed a crime.
Specific facts and circumstances exist showing that you committed, will commit or are about to commit a crime.
Public safety or your safety is in question.
Illicit objects or substances are in plain view.
The situation is an emergency.
Someone else, like a roommate or car towing company, gives consent to search your home or car.
You give consent.

You can protect your rights by staying calm and saying, “I do not give consent to be searched.” This can guard you if you end up in court, because evidence from an unlawful search may not be usable. Unfortunately, police misconduct and civil rights violations still occur. Contact a lawyer as early as possible for representation if you believe you have been unlawfully searched or arrested.

What You Need To Know | Wisconsin Marijuana Laws

Numerous states have been changing their rules on marijuana use and possession in recent years. Medical marijuana is becoming a legal entity in some states, while other states work to decriminalize recreational marijuana.

At J. Kippa Law, LLC, attorney Jeffrey Kippa’s criminal defense team can answer your questions about Wisconsin marijuana laws and medical marijuana use. They will work to help defend clients who run into trouble with marijuana possession or use.

Legal Marijuana Use In Wisconsin

Wisconsin passed a medical marijuana bill in 2014 that allows some uses of cannabis, but there are stringent limitations. Only cannabidiol that does not have a psychoactive effect can be used, and it is only licensed for people with seizure disorders. Please visit our 2024 Wisconsin marijuana laws blog post for updated information.

Marijuana-Related Activities That Are Still Illegal

All other marijuana uses and activities are still illegal in Wisconsin. These can include:

Possession of marijuana, which can result in up to six months in jail or $1,000 in fines
Selling marijuana, a felony offense
Selling to a minor
Marijuana sale within 1,000 feet of a school, which can result in one year in jail

Prescription Drug Attorney | Serious Consequences Need Serious Defense

If you are arrested on suspicion of possession of illegally obtained prescription drugs, you could face serious consequences. The laws around prescription medications are complicated, and it is vital that you work with an experienced local attorney who can provide you with the defense you need.

Attorney Jeffrey Kippa’s criminal defense team at J. Kippa Law, LLC, has experience defending clients in the Appleton, Green Bay and Oshkosh areas against prescription drug charges. They care about each of their clients, and they will work hard to help you avoid serious penalties.

What Consequences Will You Face? It Depends.

If you are convicted of a drug crime involving prescription drugs, the penalties you face will depend on several factors. First, it will depend on the specific type of drug involved in your case. Additionally, your criminal record will have an impact. If you were previously convicted of a crime, it could lead to more severe penalties in the sentencing phase of your case.

Finally, the penalties will depend on the amount of prescription drugs involved in your case. If you are accused of possessing a significant amount of illegally obtained medications, then you could face harsher penalties.

Prescription Drug Cases J. Kippa Law, LLC, Can Handle

Regardless of the type or amount of drug involved in your case, attorney Jeffrey Kippa and team can help you. They handle cases involving all kinds of prescription medications, including OxyContin, oxycodone, Vicodin, Adderall, Ritalin and similar drugs. Additionally, they defend clients against charges involving:

Possession of prescription drugs
Sale or distribution of prescription drugs
Trafficking prescription medications
Doctor shopping
Theft or fraud to obtain prescription medications

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, 3rd, 4th, 5th 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, particularly in the Appleton, Wisconsin area, and the surrounding counties of Outagamie, Winnebago, Brown, and Waupaca.

Call Rudolph Law Today!

For legal advise you can trust, please call Attorney Mike Rudolph directly at 920-730-8533.

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Wisconsin laws are tough on drug crimes, as are federal laws. Drug convictions usually result in harsh prison sentences (see Federal Drug Schedules, Wisconsin Drug Schedules). 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 or trafficking drugs because both state and federal laws prohibit such acts. 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", former federal prosecutor and current private defense lawyer, Attorney Christopher Van Wagner said, "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 mirror the 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.

Over the past twenty years, the declared "war on drugs" has failed to end substance abuse, but 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.

DRUG CRIMES

Under Wisconsin laws, the most frequently charged drug crimes include possession, possession with the intent to deliver, delivery of a controlled substance, manufacturing drugs, and maintaining a drug dwelling. Wisconsin laws provide very severe penalties for 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 AND STATE DRUG LAWS

Drugs were an acceptable part of many religious rituals, and in their early days lauded for their medicinal effects. Today, society's view of drug use changed and the first narcotics laws began to appear in the early 1900s.

In 1970, the federal government passed the Drug Abuse Prevention and Control Act, which codified federal drug law into a uniform system. The Act classifies drugs into five categories, listed in schedules, and establishes regulatory requirements and penalties for the misuse of the drugs on each schedule. The Act also allows the United States Attorney General to add drugs to the schedules as necessary.

Wisconsin's drug laws mirror the federal act, but the penalties differ; some are less harsh and more flexible under the state's sentencing schemes than under the federal sentencing guidelines; 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.

The most severe legal restrictions and penalties involve Schedule I and II drugs as set forth in the federal law.

SCHEDULE I

Schedule I drugs are those with a high potential for abuse, with an absence of any medical use, that are dangerous to the user even under medical supervision. The more commonly recognized types of these drugs are: heroin, LSD, mescaline, marijuana, and peyote.

SCHEDULE II

Schedule II drugs have a high potential for abuse and a high potential for severe psychological or physical dependency, but are currently accepted for medical use. Schedule II drugs include opium, cocaine, methadone, amphetamines, and methamphetamines.

SCHEDULE III

Schedule III drugs, by comparison have less potential for abuse than Schedule II drugs, a potential for moderate psychological or physical dependency, and an accepted medical use. The most well known Schedule III drug is naline, which is used to detect narcotic use.

SCHEDULE IV

Schedule IV drugs have less potential for abuse than Schedule III drugs, they have a limited potential for dependency, and they are accepted in medical treatment. These drugs include tranquilizers, meprobamate, chloral hydrate, most drugs that cause sleep, and sedatives.

SCHEDULE V

Schedule V drugs, which have a low potential for abuse, limited risk for dependency, and accepted medical uses, include drugs with small amounts of codeine or other narcotics in them.

If you are under investigation for a crime or drunk driving offense, if you have already been charged with a crime or drunk driving violation, or if you have already been convicted but believe your conviction or your sentence were wrong, please call (608-284-1200) or e-mail the attorneys at Van Wagner & Wood right away. They will give you a brief but professional “first-impression” analysis of your case and your situation, which will allow you to take an important first step in defending the case against you.

A few facts on drug offenses:

One in four imprisoned drug offenders is convicted of simply possessing drugs
Most drug offenders 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

An experienced criminal defense attorney from Wisconsin can take some of the terror out of drug charges by answering questions and guiding an accused offender through the complex legal maze that awaits.

If You Under Investigation For Or Charged With A Drug Crime

If you under investigation for a drug related crime, invoke your right to remain silent and consult with a criminal defense attorney at Van Wagner & Wood right away. While there are no guarantees, the attorneys at Van Wagner & Wood have been able to help many people avoid severe prison sentences.

If you have been arrested for a drug related crime, you have a right to have your attorney present at all questioning. Please contact an attorney at Van Wagner & Wood right away for a free no obligation first-impression analysis of the case against you.

If you were already convicted of a drug crime and believe your conviction or sentence were wrong, please contact attorney for a free first-impression analysis of your case.