Arrested For Possession w/Intent in Wisconsin?

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Possession of a controlled substance with intent to manufacture, distribute or deliver (drug possession) is an extremely serious crime under Wisconsin law. It is felony charge for which you face significant jail time if found guilty. You will need strong legal representation, experienced in defending this kinds of drug cases, to determine what grounds you may have to fight the charges against you.

But I want you to know that I can help, and that there are things we can do to fight back.

According to Wisconsin drug laws, the elements of possession with intent to manufacture, distribute or deliver are:

  1. the defendant possessed a substance;
  2. the substance in question was (Marijuana / Cocaine / Heroin / LSD / methamphetamine / etc) ;
  3.  the defendant knew or believed that the substance was marijuana / cocaine  / heroin / LSD / methamphetamine /etc.
  4. the defendant intended to manufacture, distribute or deliver marijuana

Possession With Intent in Wisconsin – Penalties

Substance Quantity Maximum Penalty
Marijuana Two hundred grams or less; or 4 or fewer plants 3 1/2 years in Prison, $10,000 Fine
Marijuana More than 200 grams but not more than 1000 grams; or more than 4 plants, but not more than 20 plants, 6 years prison and a $10,000 fine
Marijuana More than 1000 grams but not more than 2,500 grams; or more than 20 plants, but not more than 50 plants 10 years prison and $25,000 fine
Marijuana More than 2,500 grams but not more than 10,000 grams; or more than 50 plants but not more than 200 plants 12 years prison and a $25,000 fine
Marijuana More than 10,000 grams or more than 200 plants 15 years prison and a $50,000 fine
Cocaine One gram or less 10 years prison and a $25,000 fine
Cocaine More than one gram but not more than 5 grams 12 years and 6 months prison and a $25,000 fine
Cocaine More than 5 grams but not more than 15 grams 15 years prison and a $50,000 fine
Cocaine More than 15 grams but not more than 40 grams 25 years prison and a $100,000 fine
Cocaine More than 40 grams 40 years prison and a $100,000 fine
Heroin Three grams or less 12 years 6 months prison and a $25,000 fine
Heroin More than 3 grams but not more than 10 grams 15 years prison and a $50,000 fine
Heroin More than 10 grams but not more than 50 grams 25 years prison and a $100,000 fine
Heroin More than 50 grams 40 years prison and a $100,000 fine
Heroin Felony 3 1/2 years, $10,000
Methamphetamine Three grams of less 12 years and 6 months and a $25,000 fine
Methamphetamine More than 3 grams but not more than 10 grams 15 years prison and $50,000 fine
Methamphetamine More than 10 grams but not more than 50 grams 25 years prison and a $100,000 fine
Methamphetamine More than 50 grams 40 years prison and a $100,000 fine
LSD (Acid) One gram or less 10 years prison and a $25,000 fine
LSD (Acid) More than 1 gram but not more than 5 grams 12 years and 6 months prison and a $25,000 fine
LSD (Acid) More than 5 grams 15 years prison and a $50,000 fine

 

 

 

 

The most likely penalty for a first or second offense marijuana possession charge would be a fine of a few hundred dollars, or time served if the person was in custody for a few days or so.

Keeping A Drug House – Wisconsin Penalties

There are two different criminal charges of Keeping a Drug House in Wisconsin. They are Misdemeanor charges. The elements of each crime are:

WISCONSIN KEEPING A DRUG HOUSE FOR USE OF CONTROLLED SUBSTANCES (MISDEMEANOR)

  • That a person kept or maintained a structure or place
  • That the place was resorted to by persons using controlled substances in violation of Chapter 961 for the purpose of using controlled substances
  • That the defendant kept such a place knowingly

The maximum penalty for keeping a drug house is one year jail and a $25,000.00 fine

WISCONSIN KEEPING A DRUG HOUSE FOR MANUFACTURING, KEEPING, OR DELIVERING CONTROLLED SUBSTANCES (MISDEMEANOR)

  • That a person kept or maintained a structure or place
  • That the place was used for manufacturing, keeping or delivering a controlled substance
  • That the defendant kept such a place knowingly

The maximum penalty for keeping a drug house for manufacturing, keeping or delivering a controlled substance is one year jail and a $25,000.00 fine

These crimes are often charged in conjunction with other drug charges like intent to distribute or simple possession. Either way, they are charges that should be taking seriously by your defense attorney.

Wisconsin Defense Strategies – Intent to Distribute & Manufacture

There are many different strong defenses to fight an intent to distribute or manufacture drugs I’ve used, to successfully beat these charges.

An intent to distribute, drug selling or dealing defense usually involves challenging the search and seizure of the substance. The arresting officers must have probable cause for the search, whether it is your home, car or person. Without probable cause, your rights under both the US Constitution and the laws of Wisconsin have been violated, which would make the evidence inadmissible in court.

Often the police will charge you with the much more serious Possession with Intent to Distribute charge not based on actually selling or distributing, but simply because of the quantity of the drugs, or how it is packaged. They may bring in other officers as experts to claim intent, but I will challenge those experts claims, and offer alternative theories as to why the drugs may have been packaged in the manner claimed, and the drugs were really for personal use.

I will argue that the facts of the case don’t justify a such serious charge, and it should be reduced to simple possession. Getting an intent to distribute or deliver charge reduced is a first step in protecting you from the harshest penalties.

With such a serious and legally complicated charge, it’s hard to make any general claims or conclusions. I’ll need to study your case closely, and I’ll look for any police mistakes or constitutional issues with which to fight back. But please, call me right away for a consultation. Even if you don’t want to hire me, you need to know that the quicker an attorney starts working on a case, the more defense options you will have.

If you’ve been arrested on any drug charge in Wisconsin, call me for a consultation. Defending people just like you is what I do everyday. I’ll lay out your options, the penalties you are facing, and offer some recommendations of what to do about it. There’s no charge for my initial advice, so you have nothing to lose. Call me  to get my take on your case. Call now at (888) 828-6041.

Sincerely,

Wisconsin Criminal Defense Lawyer

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