Wisconsin Drug Crime Attorney
A criminal conviction for a drug crime in Wisconsin is a serious matter. The penalties can include probation, jail, prison, significant fines, and potentially losing your driver’s license. Additional collateral consequences can impact your life as well. A conviction for a drug crime can impact federal student loans, housing, as well as your employment opportunities. There are many different drug crime related charges under Wisconsin law. Whether you are charged with a misdemeanor or a felony will depend on a variety of factors. Some of those factors include:
- The type of substance;
- the amount of the substance;
- how many previous convictions you have relating to controlled substances;
- and whether or not any aggravating circumstance are present.
Anderson & O’Connell, S.C. knows how to defend and fight criminal drug charges. If you are charged with a Wisconsin drug crime you need the assistance of an experienced drug crime attorney. To much is at stake to fight a drug charge yourself. An experienced attorney will know how to defend your case and what arguments to make.
Find the Right Lawyer to Fight Your Drug Charge
A successful drug crime defense starts with finding the right drug crime attorney. If you or a loved one have been arrested for a drug crime such as possession of a controlled substance or maintaining a drug dwelling, you need a lawyer that you feel comfortable with. Find a lawyer who understands the law and how to fight drug charges. We encourage potential clients to speak with different attorneys who handle drug charges. Do not just hire the first lawyer you speak with.
Aggressive Drug Crime Defense
When you find the attorney you want to represent you in your drug case, make sure you provide enough information so the lawyer knows the situation and your expectations. Do not worry about what you are saying, everything you say is protected by attorney client privilege. Furthermore, make sure you bring any documents you received when you were arrested. If you have already been to court, bring any paper work you received from the courts. All this information is important.
Madison, WI Drug Crime Lawyer
One of the most important parts of finding the right drug crime lawyer is finding a lawyer that is knowledgeable and experienced at what they do as well as reasonably priced. At Anderson & O’Connell, S.C. we take pride in fighting for our clients. We know the law relating to drug crimes and have successfully defended many individuals charged with a variety of drug charges. We have defend against these charges at a reasonable price. We welcome the opportunity to discuss your drug case with you. We always offer a free consultation.
Effective Drug Crime Defense Starts with Challenging the Arrest
Every citizen of Wisconsin enjoys protection against unreasonable search and seizures. Part of that protection is that law enforcement needs to have probable cause or a warrant to arrest you. This protection comes from both the United States (Fourth Amendment) and Wisconsin (Article I, Section 11) Constitutions. The Wisconsin State Legislature has outlined when a search and seizure is authorized based on those constitutional protections. Furthermore, the federal and Wisconsin state courts have outlined what an officer may legally do based on the constitution. If law enforcement fails to follow the constitution and the law we will challenge their actions and move to suppress the evidence obtained.
Let our experienced attorneys analyze your case to determine if we can challenge the search in your case.
Your drug charges may be the result of law enforcement searching your person, your car, or even your house. One way law enforcement can legally search you is a search incident to lawful arrest. A law enforcement officer may reasonably search the person arrested and an area within such person’s immediate presence for the purpose of:
- Protecting the officer from attack;
- Preventing the person from escaping;
- Discovering and seizing the fruits of the crime; or
- Discovering and seizing any instruments, articles or things which may have been used in the commission of, or which may constitute evidence of, the offense.
Wis. Stat. § 968.11. Although a police officer may search you when you are lawfully arrested, often the officer will over step their authority. For example, if you are arrested for operating a motor vehicle after revocation, the officer may search you or your vehicle for evidence of the that crime. The search is limited to discovering and seizing evidence of the crime you were arrested for. It is very unlikely that the officer can discover any additional evidence that you operated your vehicle after revocation. Any search in this situation should be challenged.
A police officer may search your vehicle for weapons in certain circumstances. This type of warrantless search is only legal if you are unsecured and within lunging distance of your vehicle. The holding of Arizona v. Gant, a United States Supreme Court case, limits this search and does not authorize a vehicle search incident to a recent occupant’s arrest after the arrestee has been secured and cannot access the interior of the vehicle.
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Additional ways the police may lawfully conduct a search of you and your property
As we have indicated previously, many times drug charges are the result of a search of your person or property. Whether it is a search of your person, vehicle or home, an officer may only perform a search under certain circumstances. Those circumstances include:
- search incident to a lawful arrest;
- search based on consent;
- search pursuant to a valid search warrant;
- and a search for weapons during temporary questioning.
Drug cases can be won by successfully challenging the search. If the search is found to have violated the fourth amendment, the evidence obtained can be suppressed. Most of the time it comes down to whether or not the officer had probable cause. If no search warrant was issued, the arresting officer must have had probable cause for arrest. If a search warrant was issued it must have been properly issued based on probable cause and properly executed.
Wisconsin Drug Charge Attorneys
Anderson & O’Connell, SC will be a zealous advocate when challenging the validity of your search and seizure. We will scrutinize all issues regarding warrantless searches, search warrants, drug dog sniffs, and surveillance or wiretaps. Contact today to start your drug crime defense.
Increased Penalties for Drug Crimes Near a School
If you are charged with a drug crime you already face potential jail time. If you are charged with dealing drugs near school (within 1000 ft) under Wis. Stat. § 961.49 the maximum term of incarceration is increased by five years. That is a serious penalty. If you are caught or charged with mere possession of a controlled substance in the same locations you may be required to complete 100 hours of community service on top of any other penalty you may face. Furthermore, the state does not need to prove that you knew you were within 1000 ft. of the school to convict you under this statute. This is considered a strict liability statute. If you are charged with possession, delivery, or manufacturing a controlled substance near a school or any one of the locations listed below you need an aggressive criminal defense attorney. Anderson & O’Connell, S.C. devotes a substantial amount of its practice to fighting drug charges. Aggressive, affordable drug crime defense is what we do.
Increased penalties for drug charges in not just limited to schools
A school is not the only place covered by this statute. There are additional penalties for dealing drugs at any of the following locations:
(a) On the premise of a scattered-site public housing project;
(b) Within 1,000 feet of any of the following:
- A state, county, city, village or town park.
- A jail or correctional facility.
- A multiunit public housing project.
- A swimming pool open to members of the public.
- A youth center or a community center.
- Any private or public school premises.
- A school bus.
(c) On the premise of an approved treatment facility
(d) Or within 1,000 feet of a treatment facility if that facility is clearly marked and you knew or should have known it was a treatment facility.