Understanding Wisconsin’s Drug Trafficking Laws and How to Build a Defense

Any type of drug charge in Wisconsin is a serious matter because it could lead to jail time and the potential for a lasting criminal record. There are some categories of drug crimes that can be even more severe because they are felonies with a harsh prison sentence attached. Drug trafficking is one of those crimes. If you are facing drug trafficking charges in Wisconsin, your freedom for an extended period of time is at risk. You need to contact a criminal defense lawyer immediately. The criminal defense attorneys at Hogan Eickhoff are ready to help you.

Wisconsin drug trafficking laws are based on the specific substance that is alleged to be a part of the crime. There are varying penalties based on the amounts of the drug that you were alleged to have.

If law enforcement claims that you have been caught with a certain amount of a drug, you could be charged with drug trafficking. The law treats this type of possession as having the intent to traffic. Then, what would otherwise have been drug possession charges could rise to the level of felony drug trafficking because having that amount of drugs would not be for personal usage. You can be charged with drug trafficking for distribution, manufacturing, or delivering the drugs.

Charges and Penalties for Drug Trafficking in Wisconsin

Drug trafficking charges for cocaine are as follows:

• Class G felony for one gram or less
• Class F felony for one to five grams
• Class E felony for five to 15 grams
• Class C felony for 40 grams

Drug trafficking charges for heroin are as follows:

• Class F felony for three grams or less
• Class E felony for between three to ten grams
• Class D felony for between ten and 50 grams
• Class C felony for less than 50 grams

A Class C felony is an extremely serious charge, and it can carry a sentence of up to 40 years in prison. Even a Class G felony can be punishable by up to ten years in jail. Drug trafficking charges can carry an even harsher penalty when there is a minor under the age of 17 involved.

For Marijuana, the sale or cultivation of 200 grams or less is a Class I felony, which can carry a jail sentence of up to 3 ½ years. The sale or cultivation of between 200 and 1,000 grams is a felony, which is punishable by up to six years in prison.

Wisconsin also makes it a crime to maintain a place for drug trafficking. It is a Class I felony, which is punishable by up to 3 ½ years in prison. To prove this charge, the prosecutor must demonstrate each of the following elements:

• You maintained a dwelling or structure
• The structure was used for the manufacture, delivery, or keeping of a controlled substance, which is prohibited by law
• You knowingly kept or maintained the place

Defenses to Drug Trafficking Charges in Wisconsin

Since possession of certain quantities of drugs alone could amount to trafficking, you would not be able to argue that you lacked the intent to traffic. However, there are several defenses that you could use when you have been charged with drug trafficking. A criminal defense attorney could investigate your case as soon as you hire them and help you build the most effective criminal defense.

Some defenses to drug trafficking may include:

• Illegal Search and Seizure: Even if you possessed the drugs, you could argue that police did not have a valid warrant to execute a search or they did not validly rely on an exception to the requirement for a warrant. In that case, your criminal defense attorney could file a motion in court to suppress the evidence being used against you. Since drug cases wholly rely on the physical evidence of the controlled substance, it could result in the charges against you being dismissed.
• Duress: You could argue that you were under the threat of danger when you possessed, manufactured, or distributed the illegal drugs. Then, you were coerced into committing a crime that you otherwise would not have committed.
• Entrapment: Law enforcement may have engaged in an effort to persuade you to commit a crime as part of a drug sting. The government could have tricked or forced you into committing a crime. The police officer may have been persistent in persuading you to commit a crime when you already said no.
• Unaware of the Presence of Drugs: You may not have known that there was a large amount of drugs near you or even in your possession. For example, you may have been driving a vehicle that someone else placed drugs in, and you had no idea that they were there.
• You Were in the Wrong Place at the Wrong Time: Police may conduct a drug bust and arrest everyone who was in the presence of the illegal drugs and charge them with trafficking.

Your Legal Options in a Drug Trafficking Case

If you choose not to fight the charges against you, there are still some legal options available to you. One common outcome in drug trafficking cases is when the defendant pleads guilty to lesser drug possession charges and avoids the more serious penalties that are associated with trafficking. Much depends on the strength of the case you are able to build and how your criminal defense attorney is able to negotiate with the prosecutor.

Contact an Eau Claire Criminal Defense Attorney Today

If you have been charged with drug trafficking, you are facing a long sentence in prison if you are convicted of the charges. You need immediate legal representation from a criminal defense attorney to help you plot the most effective legal strategy. The attorneys at Hogan Eickhoff can get to work on your case and help you plot your path forward. You can schedule a free initial consultation by calling us today at (920) 450-9800 or by contacting us through our website.