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Drug charge defense

From simple possession to delivery allegations, testing every link in the State's case.

Drug charges in Wisconsin carry consequences that outlast the sentence: felony records, lost employment and housing, and doors that quietly close for years. Whether the allegation is a small amount of marijuana or serious distribution, the defense starts the same way: with a careful look at how the evidence was found, tested, and charged.

Charges handled here

  • Simple possession: controlled substances for personal use, including prescription drugs without a valid prescription.
  • Possession with intent to deliver: often built on circumstantial signals (quantity, packaging, scales, cash).
  • Delivery and distribution: sale or transfer of controlled substances.
  • Manufacturing: production or cultivation allegations.
  • Paraphernalia: items allegedly used for consumption, storage, or distribution.
  • Prescription drug offenses: forged prescriptions, doctor shopping, illegal distribution.
  • Conspiracy: agreement allegations, even without a completed offense.

Wisconsin drug penalties

Wisconsin classifies drug offenses by substance, quantity, prior record, and aggravating factors (near a school, involving minors, and others):

ChargeClassificationPotential penalty
Marijuana possession (1st)MisdemeanorUp to 6 months jail, $1,000 fine
Marijuana possession (2nd+)Class I felonyUp to 3.5 years prison, $10,000 fine
Cocaine / heroin possessionClass I felonyUp to 3.5 years prison, $10,000 fine
Intent to deliver: THCClass I felonyUp to 3.5 years prison, $10,000 fine
Intent to deliver: cocaine / heroinClass E–G felonyUp to 15 years prison, $50,000 fine
Manufacturing methamphetamineClass D–E felonyUp to 25 years prison, $100,000 fine

Where drug cases are actually won

The search

Most drug cases begin with a traffic stop, a home search, or a pat-down. The Fourth Amendment sets real limits on all three. If police lacked probable cause or a valid warrant, the evidence may be suppressed — and suppressed evidence often ends the case.

“Intent to deliver” disputes

Prosecutors regularly upgrade possession to intent-to-deliver based on packaging, cash, or quantity. Those inferences are circumstantial and challengeable. You should not be charged with more than the evidence actually supports.

Lab results

Substances must be properly tested and identified: lab procedures, chain of custody, and analyst qualifications are all reviewable. Sometimes what police assumed was a controlled substance turns out not to be.

Confidential informants

Informants come with motives: reduced charges, payment, grudges. Their reliability and credibility are fair targets, and the defense investigates both.

Treatment and diversion

For eligible clients, drug treatment court, deferred prosecution agreements, and diversion programs can keep a felony off the record entirely. Positioning a case for those outcomes is careful, early work — and often the best available result.

If police want to talk to you about drugs, before or after an arrest, the safest words are polite and short: “I'd like to speak with a lawyer.” Then call.

Whenever you're ready to talk, someone steady is ready to listen.

The first conversation is free and confidential. It costs nothing to find out where you stand, and it's the first step toward getting your footing back.

(414) 775-0101 Free consultation · Confidential · Nights & weekends · En español