Any type of criminal offense is a serious matter, and a conviction can always result in jail time. Even if you think that possession is often treated as a minor offense, there is no guarantee that would be the case for you. Further, even so-called “minor offenses” could still have major consequences for you. If you are facing drug possession charges, you should not try to go it alone in the criminal justice system. Contact the criminal defense attorneys at Hogan Eickhoff to learn more about your legal rights and how to deal with the charges against you.
Types of Drug Crimes Charges in Wisconsin
You may face criminal charges if you are found to have possessed certain quantities of controlled substances. Even simple possession crimes can result in a jail sentence of up to one year, even if they are only charged as a misdemeanor. The penalties for simple possession can rise if it is a second or subsequent offense.
Simple possession can grow into a far more serious offense based on the amount of drugs that law enforcement claims that they found. There may be exacerbating factors that can cause prosecutors to charge you with a greater offense, such as the type of drug involved. You may be charged with either state or federal drug crimes.
Possession charges can become much more serious based on the amount of controlled substances you are alleged to have had. Then, you could find yourself charged with possession with intent to distribute, which is a far more serious charge. These are felony crimes that could lead to a long jail sentence should you be convicted. Depending on the type and amount of drug involved, you could face between 3 ½ to 15 years in jail, regardless of whether you actually sold the drugs to someone else.
Consequences of Drug Crimes Conviction
Wisconsin has tough laws that punish drug possession. The state only allows your criminal record to be expunged under very limited circumstances. Thus, if you have been convicted of drug possession, your criminal record may remain with you for the rest of your life.
While Wisconsin also has laws that prohibit employment discrimination against those with criminal convictions, it is also difficult to prove that your rights have been violated. Thus, you can still expect some effect on your future prospects. Some jobs may still be closed off to you entirely, especially when you have been convicted of a felony.
Defenses to Drug Possession Charges
Possession is a crime that requires intent. You must have intended to be in possession of drugs. Otherwise, law enforcement cannot win any conviction against you. A drug crimes defense attorney can review both the law involved in your case and the facts to determine whether you may have any defenses that you can use.
Defenses for drug crimes include the following:
- You did not intend to possess the drugs, or you did not know that they were in your possession
- Law enforcement entrapped you into committing a crime
- The evidence against you was seized without a search warrant or when the police officer did not have probable cause
- Your rights were otherwise violated during the arrest or interrogation process
If you choose to fight the charges, many cases come down to the legality of the evidence. Your attorney may file a motion to suppress evidence that was wrongfully seized in the hopes of keeping out of court. Many drug possession cases fall apart when the prosecutor loses the key evidence that they intended to use to prove your guilt.
Drug possession crimes do not always have to result in jail time. Some counties in Wisconsin even have a special to deal with some drug crimes that focus more on rehabilitation rather than punishment. You could even end up without a criminal record at the conclusion of your case and get the help that you need in life. Your attorney could negotiate with the prosecutor for lesser charges or even help get you into an alternative program. Otherwise, your attorney could help you fight the charges against you if you have any applicable defenses.
Why You Need a Drug Crimes Defense Attorney
There are many mistakes that you can make if you are trying to deal with law enforcement on your own. Much can happen right after you have been arrested that can complicate your own legal defense. Once you have made a criminal error, you cannot undo it. Unless law enforcement violated your rights, you are left to deal with the consequences of anything that you did when you did not have legal help.
You have a much stronger chance of getting the best possible outcome in your case if you have hired a criminal defense attorney. You would certainly have little to no chance of winning your case entirely should you choose to fight.
A drug crimes defense attorney can do the following for your case:
- Protect your rights when law enforcement wants to interrogate you
- Review the evidence and determine whether you can move to suppress it in court
- Negotiate a plea bargain on your behalf that helps you avoid the most serious penalties
- Fight the charges against you in court should you choose to contest them
You need a guide to the legal system and an understanding of the process that you face. Being charged with any type of crime is unsettling, and hiring a criminal defense attorney can give you some peace of mind.
Contact an Appleton Drug Crimes Defense Lawyer Today
If you are facing drug possession charges, the criminal defense lawyers at Hogan Eickhoff can defend you throughout the legal process. You do not have much time to waste, and you should call a lawyer as soon as you have been charged. Our attorneys are available to speak with you in a free initial consultation at all times by calling us today at (920) 450-9800.