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Penalties for controlled substances

Cases involving controlled substances can range anywhere from a ticket with a fine to a felony conviction with time in prison. Depending on the amount of the substance, what you are doing with it, and what substance it is, your future can be very unknown.

What is a controlled substance and how do I beat charges that involve controlled substances in Whitefish Bay?

Controlled substances in the State of Wisconsin are split up into five different categories called schedules. Each schedule drug classifies them into stimulants, depressants, hallucinogenic, opiates, and other categories. 

When it comes to controlled substances in the law, there are a lot of ways that you can do something illegal. The most common is possession. This can be possession of something illegal such as marijuana or cocaine, but it can also be possession of a medication that you may not have a legal prescription for. You can also be charged with making a controlled substance, delivering a controlled substance, or intending to deliver that controlled substance. The penalties for these types of cases range from fines to years in prison depending on the severity of the offense as well as your criminal history. 

Delivery of a controlled substance (dealing) is taken a lot more seriously than possession charges. The seriousness will depend on the amount of the controlled substance that you have on you when you get caught; but delivery of controlled substances, especially for drugs like heroin, are taken especially seriously in Wisconsin. As many are aware, a lot of the states surrounding Wisconsin have legalized marijuana. Unfortunately, Wisconsin is not there yet. While that may change in the future it is important to note that marijuana is still illegal here and still illegal under federal law. 

Drug charges, even simple possession, can mess up your future endeavors. There are a lot of jobs and financial aid packages that ask about any drug-related convictions. Even a charge for possession of marijuana could ruin your ability to get financial aid for college. At that point, not only would you have a record, but you would also have to be able to pay for college out of pocket without federal loans. Another thing to note is that criminal charges on their own could have a significant impact on your life. Many job applications ask about criminal convictions, whether misdemeanors or felonies. Many basic possession charges will fall under the misdemeanor category, however even a first-time possession of heroin can land you with a felony. Delivery of any controlled substance or possessing a large amount of a controlled substance can also land you in that felony category. 

Controlled substances also come into play for driving under the influence. Many people are familiar with OWIs involving alcohol. However, you can also receive an OWI for restricted controlled substances such as well such as cocaine, heroin, or marijuana. Another uncommon OWI is for prescription medications. You may be taking a prescription medication as directed, but if the medication affects your ability to drive safely, you may still be facing consequences for driving under the influence. There are many controlled substances out there that come with warnings about operating heavy machinery, and sometimes those can affect your ability to drive. 

How long do controlled substance charges stay on your record in Wisconsin?

This will depend on what type of charge you have. Tickets, because they are not criminal offenses, are not eligible for expungement. Some criminal offenses may be, but this does not mean that they ever “fall off” your record or that you would no longer be convicted of a crime. Expungement of a crime is just that it is sealed, but the conviction remains.

How to beat controlled substance charges in Waukesha

Do not forget that drugs are small and can be hard to find. Police must have a legal reason to search you, your car, or your home to find these controlled substances that you may have illegally. You have the constitutional right to be protected against things such as search and seizure; and if the police are searching something illegally, or they do not have a reason to be where they are, they cannot use it as evidence against you. 

There are many different ways that controlled substances can affect your way of life when it comes to the law. Make sure that you have a team of Brookfield attorneys who are incredibly aggressive when it comes to drug cases so that we can get you the best results possible! You are only guilty if you are convicted!


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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:

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