Birdsall Law Offices, S.C. has an acquittal rate in jury trials 3 times the Wisconsin state average. Attorney John Birdsall and "TJ" Perlick-Molinari, the criminal defense lawyers at Birdsall Law Offices, S.C. frequently defend people who have been charged by the federal government or the state of Wisconsin for possession with intent to deliver marijuana, cocaine, crack, heroin and other hallucinogenic drugs. Birdsall Law Offices also represents people who were previously convicted of the crime of delivery of a controlled substance and want to appeal the conviction or sentence.
State of Wisconsin -v- You
In order to obtain a conviction for delivery of a controlled substance, the state must prove 3 elements of the crime.
That you delivered
A controlled substance (drug)
Which you knew or believed to be a controlled substance (a drug).
Delivered or attempted delivery of a substance
If a person were to die by means of an overdose, the delivering agent would be liable for "negligent homicide" under the Len Bias law.The prosecuting attorney must prove that you delivered a substance. By legal definition, "delivery" means that you either attempted or completed a transfer of some substance from one person to another person.
According to Wisconsin Circuit Courts, the method of delivery can include a hypodermic needle. The plunger being pushed on a hypodermic needle is a "delivery" of the drug.
Delivery can occur even if no money transfers hands. In fact, the drugs can be given away (free), a gift, or even purchased together and shared.
Controlled Substance
The prosecuting attorney must also prove that the substance that was either attempted or actually delivered was a controlled substance - meaning, it was a drug.
The quantity of the drug does not matter. Even microscopic quantities will be considered.
Knew substance was a drug
Lastly, the prosecuting attorney must prove that you knew or believed that the substance was a controlled substance (a drug). However, it need not be proven that you knew the true scientific name of the drug, nor even that you were aware of its precise chemical composition. If you knew the substance by its street name, that fact will satisfy the prosecuting attorney's burden to prove that you knew that the substance was controlled and thus illegal to deliver.
wisconsin Penalty for delivery of a controlled substance
For a free initial consultation to discuss your situation, please call 1-866-493-0726, e-mail -
- or send your case information to the attorneys at Birdsall Law Office, S.C..
The criminal defense attorneys at Birdsall Law represent people across the state of Wisconsin and routinely appear in the counties (and cities) listed below.
