A conviction for drug charges can significantly impact your life, making it harder to find a job, an apartment, or apply for school. A skilled drug charge lawyer can help you defend against allegations of selling or trafficking in cocaine, marijuana, GHB, or other drugs.
A defense attorney may argue that the drugs did not belong to you, for example if they were discovered in your vehicle but actually belonged to someone else. They can also challenge the chain of custody.
Possession of a Controlled Substance
Possession of a controlled substance is one of the most common drug offenses and can carry very serious penalties. Even a first offense conviction for possession of certain drugs can lead to jail time and a criminal record. A criminal defense attorney who specializes in drugs will work to defend you against these charges.
A controlled substance is any drug or other material that the government has decided to regulate. These include illegal or illicit drugs as well as some prescription medications. Some drugs that are controlled include methamphetamine, heroin, cocaine, and opium, as well as clonazepam, Valium, and Xanax.
To be convicted of possessing a controlled substance, the prosecution must prove that you knew that you had the drug in your possession. In some cases, prosecutors may use circumstantial evidence to make this case such as large amounts of cash or packaging materials. A good drug crimes lawyer can help you argue that you were not aware that the drug was a controlled substance.
Distribution of a Controlled Substance
The crime of drug distribution is associated with larger quantities of illegal drugs, and often involves selling these substances for profit. This type of activity is typically detected by law enforcement officers using drug dogs or other methods of detection.
The Controlled Substances Act (CSA) regulates the manufacture, possession and distribution of certain narcotics, stimulants, depressants, hallucinogens and anabolic steroids. These are placed into one of five schedules, depending on their medical uses, potential for abuse, and dependence liability.
Some controlled substances are exempt from the CSA, including those sold by pharmacies to patients under a prescription. However, the CSA does prohibit people from possessing or distributing these substances unless they have a valid prescription or other legal authorization. When there is a conflict between state and federal laws, the Federal Preemption Clause of the United States Constitution establishes that the law of the higher authority takes precedence. For this reason, it is important to seek the help of an experienced criminal defense attorney if you are facing drug-related charges.
Possession of Drug Paraphernalia
Possession of drug paraphernalia encompasses all the various accessories that people use to take or make drugs. It could include anything from a pipe, syringe, or spoon to small baggies used for storing and carrying illegal substances. It is classified as a misdemeanor under Wisconsin law.
A conviction can tarnish your record and prevent you from getting certain jobs or housing. It could also impede your ability to obtain student loans, scholarships, or grants. Fortunately, it is possible to have these charges dismissed or reduced in the right circumstances.
Our drug crime lawyer can use multiple strategies to defend your rights when accused of possession of drug paraphernalia. For example, we can argue that the items were not used for drugs and instead had a legitimate purpose. Maybe the scale was for baking, or the large amount of baggies were for Etsy store inventory. We can also challenge the legality of the initial search and seizure carried out by police officers.
Possession with Intent to Distribute
When police find more drugs than you could have reasonably possessed for your own personal use, they may charge you with possession with intent to distribute. This charge carries harsher penalties than simple possession, and can have serious consequences in your life.
The specifics of the situation will determine how severe the penalties are. The quantity found and the type of drug are both important considerations. For example, if you had only a small amount of a schedule 1 or 2 drug, it is unlikely that the police will charge you with possession with intent to distribute because the amount is less than what is typically required for distribution.
However, if the police see large amounts of drugs and paraphernalia such as scales and bags, they will likely charge you with possession with intent to distribute. A knowledgeable attorney can help you develop a solid defense for these charges. In some cases, this could even result in a dismissal of the charges.drug charges lawyer