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Drug Crime Charges
Wisconsin Drug Crime Attorney
A drug crime conviction 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. 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. 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.
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.
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Fighting a Drug Charge
Many times drug charges are brought after a search is performed. 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.
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.
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Finding the right Drug Crime Lawyer
If you or a loved one has 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. You also need a lawyer who understands how to fight a drug charge. Do not just hire the first lawyer you speak with. Talk with your family and friends, and importantly talk with a few different drug crime lawyers.
When you speak with the lawyer make sure you provide enough information so the lawyer knows the situation and your expectations. You do not have to worry about what you say, your conversation is protected by attorney client privilege. Make sure to bring any documents you received when you were arrested or if you have been to court already, any paper work you received from the courts. All this information is important.
One of the most important parts of finding the right drug crime lawyer is finding a lawyer that is knowledgeable and reasonably priced. At Anderson & O’Connell, SC 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.
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.