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Drug Crime Charges
Wisconsin Drug Crime Attorney
A conviction for drug related crime in Wisconsin is serious. The penalties can include jail or prison and collateral consequences can impact your life as well. There are many different charges relating to drugs under Wisconsin law. Whether you are charged with a misdemeanor or a felony will depend on a variety of factors. 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.
Understand Your Rights!
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.
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.
Anderson & O’Connell, SC will be a zealous advocate when challenging the validity of your search and seizure. We will scrutinize all issues regarding drug dog sniffs, surveillance or wiretaps. Contact today to start your drug crime defense.
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Additional 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. It 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 a criminal defense attorney. Anderson & O’Connell, SC devotes a substantial amount of its practice to fighting drug crime charges. We know how to fight these charges. Aggressive, affordable drug crime defense is what we do.
Enhanced penalties for Drug Crimes is 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.