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More than 20,000 people are arrested on drug charges every year in the state of Wisconsin, and many of those face long prison sentences, hefty fines, and other consequences that can completely change the course of their lives. Drug crimes are targeted in investigations and harshly punished, and you need an experienced criminal defense attorney if you’ve been charged with a drug-related offense.
Defending yourself against drug charges often comes down to technicalities of the law and knowing what to look for in the investigation, arrest, and evidence-handling processes.
We know how serious it is to be accused of a drug crime, and we’re here to help you protect your rights and your future. Call our office to make an appointment with one of our drug crime defense attorneys to discuss your drug possession case.
What Are the Different Categories of Drug Crimes?
Drug crimes are varied, and the exact crime you’re charged with can depend on the circumstances surrounding the arrest and what kind of controlled substance is involved. In general, drug crimes are divided into three categories: possession, manufacturing, and distribution.
Drug Possession Charges
If you are found in possession of a personal amount of controlled substances or other illegal drugs, you could be charged with possession. This is one of the most common drug charges and is generally considered the least serious.
Manufacturing
If you are accused of making a controlled substance, it is likely that you will be charged with manufacturing. Manufacturing is a felony charge, and the class — and potential penalties — depends on what the substance was and how much was found.
Distribution and Trafficking
Drug distribution and trafficking are some of the most serious drug crimes you can be charged with. Possession charges can be escalated to intent to sell, distribution, or trafficking, depending on the amount of the substance. For example, having between 3 and 10 grams of heroin is a Class E felony, but to get to a Class E felony with psilocybin mushrooms, you would need to have more than 500 grams.
Can an Officer Search My Car During a Traffic Stop?
Many drug arrests happen as a result of simple traffic stops, so it’s important to understand the legalities of when an officer can search your vehicle and person and what makes a traffic stop legal. The first thing to be aware of is that officers cannot stop your vehicle without a reason.
They must have the reasonable suspicion that a crime is being committed or is about to be committed. Of course, officers can also stop your vehicle for any traffic infractions, and they often do. Something as simple as having a light out or not coming to a complete stop at a stop sign can be enough for an officer to stop you.
Police officers need to have probable cause to conduct a search during a traffic stop without your permission. It’s common for an officer to ask if you’re “okay” with a search or ask, “Do you mind?” It’s important to be aware that an officer does not need probable cause to search if they have your permission, so you should always refuse.
An officer must have some reason to search, such as the smell of marijuana coming from the car or drugs or paraphernalia in plain sight. If an officer conducts a search without probable cause or permission, it’s possible that any evidence found during the search could be ruled inadmissible in court.
Are Drug Crimes Felonies or Misdemeanors?
Wisconsin drug charges can be either felonies or misdemeanors, depending on the circumstances surrounding the case. Simple possession charges are generally misdemeanors. However, if you are found with a large quantity of the substance or other items, such as baggies or a scale, that make it look like you could be distributing the substance, the charges can be escalated to distribution, which is a felony.
One of the first steps after being arrested is to ensure you understand what you’ve been charged with. The defense options and strategies may change if you are charged with a felony instead of a misdemeanor, and this is something that your attorney will talk to you about. Felony crimes carry much harsher penalties if convicted, while misdemeanor sentences involve less than a year of jail time.
What Are the Drug Crime Defense Options?
When you work with a criminal defense firm, your attorney will go through the details of your case with you and discuss your drug crime defense options.
For example, if there are questions about the legality of a traffic stop that led to the search and seizure of drugs, your attorney may attempt to have the evidence thrown out. Without the physical evidence obtained during the search, it could make the prosecution’s case impossible to prove, and they may drop the charges.
If the search was legitimate but you were found with a small amount and it was your first offense, you may be able to ask for a diversion program. In some drug cases, the charges can be dropped if you successfully complete the program.
Even for more serious charges like felony trafficking, your attorney will have potential options for you to consider, which could include attempting to come to a plea agreement for a lesser drug charge. Your attorney will discuss the risks and potential benefits of each strategy so that you understand what might happen and are able to be an active participant in your defense strategy.
If you’re facing criminal charges related to controlled or illegal substances, call the Wisconsin drug lawyers at West & Dunn.