Drug Lawyer for Possession & Dealing West Bend office (near the Museum of Wisconsin Art)

Drug Charges in Ozaukee & Washington Counties

The decision regarding what type of drug charge issued against you is based on many different factors. Some of the more significant considerations include the drug involved, its quantity, the county where you were charged and whether the criminal conduct is that of a user and simple possession or a dealer where you are believed to be selling drugs.  The range of charges that you can face go from high-level felonies, with maximum penalties of decades in prison, all the way down to a non-criminal forfeiture violation, without even having a criminal conviction on your record.

Possession of marijuana can be charged as a non-criminal forfeiture violation, a criminal misdemeanor, or, with a past conviction or evidence of distribution/intent to distribute, a felony charge. A conviction for a forfeiture or citation carries a fine and possible driver’s license suspension. With a criminal misdemeanor, there is potential for jail time, a fine or probation. Any felony possession of marijuana charge has penalties that include prison time and significantly higher fines or both. For example, a second and subsequent possession of marijuana charge is a class I felony with a maximum sentence of 3.5 years in prison, a $10,000 fine or both.

A possession of cocaine charge without a prior drug conviction is a misdemeanor offense that has a maximum of 12 months in jail and a $5000 fine. If instead, you have a prior drug conviction you may be charged with a second and subsequent cocaine possession which is a class I felony that has a maximum 3.5-year prison sentence and a $10,000 fine.

There are first-time drug possession charges, for heroin, narcotics or methamphetamine, that typically result in felony charges with possible prison sentences, financial penalties and potentially the suspension of your driver’s license for up to 5 years.

Type of Drug Matters

Often the type of drug involved has a substantial influence on how your case is treated. In Wisconsin possession of THC is still illegal, however charges involving THC are often handled less intensely when compared to other drugs such as methamphetamine or heroin.

Typically prosecuting attorneys will have an internal hierarchy regarding different drugs and how dangerous they are considered to be. THC is often regarded as the least serious illegal drug. Party drugs like LSD, shrooms, ecstasy and MDMA often follow THC in the pecking order. Lastly, the most serious of the internal hierarchy often include heroin, methamphetamine, cocaine and crack cocaine as well as opiate-derived medications like oxycodone and OxyContin.

Due to the heroin and opioid epidemic our communities are facing, prosecutors frequently deal with these types of possession most severely; attempting to ensure a felony conviction when these drugs are involved. If you are charged with a felony offense there is always the possibility of being sentenced to prison and you will never be able to legally possess a firearm again.

While still impacted by the type of drug, if you are charged with dealing drugs you can expect to be treated harshly even if the drug is THC. Independent of the drug type delivering or selling drugs are felony charges that upon conviction could send you to prison for multiple years. Our Ozaukee and Washington County drug attorneys have handled all manner and levels of drug cases and will work with you to best defend against your case.

County Matters

In Wisconsin, each individual county has its own police force, district attorney, and other governmental agencies that create and implement the laws at the county level. This individuality can be seen in the way cases are handled from one county to another. It is possible for the same, or similar, circumstances to be treated differently depending on the county handling your case resulting in significantly different offers and potentially even charges.

Similar to the internal hierarchy of drug types for prosecutors, different counties often have a decided upon county-specific hierarchy of cases regarding how they are handled; with some charges given leniency and others being treated harshly. There are no written rules to help an attorney navigate this hierarchy if they do not have the experience with the county. Even neighboring counties will treat similar cases differently.

The right attorney will know when the State’s offer to resolve your case is good or bad. What is terrible in one county, may be as good as it gets in a neighboring county. Our Ozaukee and Washington county attorneys have the specific knowledge necessary to help guide you through your case and the nuances of the justice system that change from one county to the next.

Buying & Selling Matters

Dealing or using is another major factor in determining the level of charge you will face and the treatment your case will receive from the State and the judge. Using drugs is often considered to facilitate the drug trade; without demand, there would be no need to supply. However, prosecutors and judges understand that addiction is a disease and cannot simply be overcome by the strength of your will. They consider individuals who sell drugs to be preying on people suffering from addiction and will treat those charges with significantly less leniency.

Possession is the least serious drug offense. If the drugs found in your possession are considered to be for personal use you will be charged with simple possession of the drug involved. Depending on the drug involved you can be charged with either a misdemeanor or a low-level felony.

The next level above simple possession is possession with intent to distribute. There are many factors police consider in determining if the drugs found are simple possession or are intended to be distributed. Often the amount of drugs, the paraphernalia found present with the drugs (a scale or bags), how the drugs are packaged (multiple packages) and the amount of money recovered are significant factors in determining if there was an intent to distribute.

The highest level of drug possession offense is the delivery of drugs. Independent of the quantity or prior history, selling or delivering drugs is a felony offense for which you can be sentenced to time in prison. The length of prison sentence and level of felony depend on the drugs involved and the amount you are accused of selling.

If you are caught selling drugs, most often it is based on the use of a confidential informant, or CI, by the police. When using a CI to gather evidence of drug dealing, it is common for a long delay to take place following the sale or delivery of drugs before charges are filed. Often during that time frame, multiple ‘controlled buys’ are executed to bolster the State's case against you.

Amount Matters

The larger the quantity of drugs found in your possession the higher the level of felony, the less understanding the prosecutor and the longer the maximum prison sentence will be.  When determining charges, police and prosecutors often consider the amount of drugs found to be indicative of whether the drug involved was for personal use or for distributing.  As all charges for selling drugs are felonies, the amount found in your possession can unilaterally determine if you are facing a misdemeanor with a few months in jail or a felony with multiple years in prison.

Working as a CI

If you were caught in possession of drugs, the police may give you the opportunity to work as a confidential informant (CI). Working as a confidential informant means that you will be asked to purchase drugs from other people and testify against them.

The impact working as a CI can have on your pending drug case is significant, however, it is not without substantial risk. Any decision to work as a CI should be made after careful consideration and only after speaking with an attorney about your case to determine your options. Successful work as a CI can result in your charge being amended down or the case being dropped entirely. If, however, you are unsuccessful in your work as a CI you may not receive any benefit for your work but still incur the risks.

The police will not provide guarantees or promises as to your case for your work as a CI. Nor will you be given an explicit trade-off evaluation. The police will not offer you a deal, instead they will give you a number you need to reach to gain a good word towards your case with the prosecutor.

While the unknown benefit toward your case may be off-putting, an officer who does not uphold his end of the bargain regarding your case will gain a reputation as someone who is untrustworthy. That sort of reputation can make work investigating drug crimes significantly more difficult for their career. However, as the agreement will not specify the degree of impact your work will have on your case, you may not be satisfied with the consideration you receive as it may not be consistent with your expectations.

Deciding to work as a confidential informant has many variables you should consider. Our knowledgeable and experienced team of Ozaukee and Washington County drug attorneys can help you make an informed decision whether working as a CI is in your best interest for your case.

Contact Wisconsin's drug lawyers now for a free consultation to learn how we can get your charges reduced or dropped.