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Prescription Drug Lawyer Brookfield-Waukesha office just off Bluemound

Penalties for unlawful possession of prescription drugs in Brookfield or Waukesha County, Wisconsin, vary based on the type of drug and the schedule it falls under: The maximum penalty for a first-offense illegal possession of amphetamines would be a $5,000 fine, up to one year in county jail or both.

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In Wisconsin, the penalties for illegally possessing prescription drugs vary depending on the type of drug possessed and the circumstances of the case. It carries potential incarceration between 30 days in jail and three and a half years in prison or more, fines between $500 and $10,000 or more, and potential license suspensions for between 6 months to 5 years. You can face increased penalties if you have been previously convicted of the offense and are charged a second time. Incarceration time, fines, and the level of offense can all increase if you are convicted of a second or subsequent illegal possession of prescription drugs. 


Prescription drugs are classified under schedules in the Uniform Controlled Substances Act in Wisconsin statutes. Schedule I controlled substances carry the most severe penalties including prison time. They are categorized as highly addictive and have a high risk of abuse.

Schedule II controlled substances include opiates and opioids including oxycodone, hydrocodone and Fentanyl. They have been determined to pose a serious risk of addiction and dependence, and also have a high risk to be abused. Possession of a Schedule I or II narcotic drug carries a maximum possible sentence of three and half years in prison, a $10,000 fine or both. Possession of amphetamines such as Adderall can be punished by up to a $5,000 fine and one year in jail or both.  

In addition to Schedule I and II narcotic drugs, you can be charged for possession of non-narcotic scheduled drugs including depressants and steroids. Non-narcotic scheduled drugs carry a maximum penalty of 30 days in jail and a $500 fine or both. 

Although determined to have a high risk of abuse, many scheduled drugs have important medical uses. Many people including students obtain Adderall and other ADHD medications to use for purposes of focusing better during their studies. Unfortunately, illegally possessing these drugs can result in a felony conviction and potential prison time. A conviction for illegally possessing prescription drugs will also likely impact that student’s ability to obtain financial aid and other loans to continue their schooling.

Wisconsin Statutes contain a full list of scheduled drugs in the Uniform Controlled Substances Act in chapter 961. 

How long will a prescription drug conviction stay on my record?

Convictions for illegally possessing or obtaining prescription medications generally remain on your record forever. The court may grant you the opportunity to expunge the conviction upon successful completion of your sentence if you meet certain criteria. However, expunction does not remove the conviction from your record. Rather it removes the conviction from public View. You may still be required to report the conviction on applications for financial aid for school, employment applications, and other licenses.


How to beat a prescription drug charge

Challenging a charge of illegally possessing prescription drugs requires the assistance of a skilled and knowledgeable attorney to evaluate the facts of your case and apply the law to those facts. If you were stopped by police and the police search your vehicle and found your prescription drugs, our Waukesha attorneys may be able to challenge the stop of your vehicle, seizure of your person, or search of your vehicle. Any evidence the police obtain following an illegal search can be ruled inadmissible against you. There may also be issues related to the drugs themselves if the state cannot prove that they are the substance they claim to be.

Illegal possession of a prescription drug is also often charged based on the work of a confidential informant. Additional possible defenses exist when evidence is obtained through the use of a confidential informant. Our award-winning Waukesha attorneys will evaluate all of the evidence in your case to find any defenses that could result in your possession of prescription drug charges being reduced or dismissed. Attorneys at Grieve Law have dropped and reduced numerous drug and alcohol related charges including first offense DWIs, possession and intent to distribute. 


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We know
because we were prosecutors.

Tom Grieve, the firm's managing attorney and founder, is a former state prosecutor and is not the only ex-prosecutor at the firm. We love hiring attorneys from both sides of the wall to bring as many perspectives to fight your case as aggressively as possible. The State of Wisconsin likes it when you choose the run-of-the-mill fee to plea™ lawyers who don't even know how to analyze and defend cases instead of experienced criminal attorneys: