Drug Possession Criminal Lawyer Milwaukee

One of the most basic drug charges one can be arrested for, is Possession of a Controlled Substance. Whether it is misdemeanor or felony will depend upon the type of drug involved and a defendant's prior history with the Milwaukee and Wisconsin justice system.

While a first offense of marijuana possession may be a misdemeanor charge, the probability that a second charge will result in a felony is very high - couple that with the type of drug/quantity and the charges will be more severe.

How to prove Drug Possession in Wisconsin?

The state of Wisconsin will need to prove the following:

1. The defendant possessed an illegal drug
2. The substance was an illegal controlled substance
3. The defendant knew or believed that the substance was an illegal drug and prohibited by law
4. The defendant doesn't need to 'own' the substance to possess it for the purpose of law.

Section 961.41(3g)(e) of Wisconsin Statutes states that possession of marijuana is illegal:

Tetrahydrocannabinols. If a person possesses or attempts to possess tetrahydrocannabinols included under s. 961.14 (4) (t), or a controlled substance analog of tetrahydrocannabinols, the person may be fined not more than $1,000 or imprisoned for not more than 6 months or both upon a first conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense is considered a 2nd or subsequent offense if, prior to the offender's conviction of the offense, the offender has at any time been convicted of any felony or misdemeanor under this chapter or under any statute of the United States or of any state relating to controlled substances, controlled substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or hallucinogenic drugs.

Section 961.41(3g)(c) of Wisconsin Statutes states the possession of cocaine and cocaine base is illegal:

Cocaine and cocaine base. If a person possesses or attempts to possess cocaine or cocaine base, or a controlled substance analog of cocaine or cocaine base, the person shall be fined not more than $5,000 and may be imprisoned for not more than one year in the county jail upon a first conviction and is guilty of a Class I felony for a 2nd or subsequent offense. For purposes of this paragraph, an offense is considered a 2nd or subsequent offense if, prior to the offender's conviction of the offense, the offender has at any time been convicted of any felony or misdemeanor under this chapter or under any statute of the United States or of any state relating to controlled substances, controlled substance analogs, narcotic drugs, marijuana, or depressant, stimulant, or hallucinogenic drugs.

Section 961.41(3g)(g) of Wisconsin Statutes states the possession of methamphetamine is illegal:

Methamphetamine. If a person possesses or attempts to possess methamphetamine or a controlled substance analog of methamphetamine, the person is guilty of a Class I felony.

Section 961.41(3g)(am) of Wisconsin Statutes states the possession of heroin is illegal:

Schedule I and II narcotic drugs. If a person possesses or attempts to possess a controlled substance included in schedule I or II which is a narcotic drug, or a controlled substance analog of a controlled substance included in schedule I or II which is a narcotic drug, the person is guilty of a Class I felony.

Who do I call for the best criminal defense in Milwaukee?

Call Birdsall Obear & Associates.

Attorneys John A. Birdsall and Kirk B. Obear are Milwaukee criminal attorneys who have won countless cases over the past decades. Their aggressive defense strategy is unsurpassed and has placed them among the best Criminal Defense Lawyers in Milwaukee.

Drug crimes many times carry special circumstances that only the Milwaukee criminal lawyers of Birdsall Obear & Associates will know how to confront, confidently and efficiently... and win your case.

Our Criminal Defense Lawyers in Milwaukee know how to confront and challenge illegal police action, whether it's improper search technique or other violations, if we find that your constitutional rights were violated, your case could be dismissed.

Our lawyers are simply the best Wisconsin has to offer. Contact our Milwaukee Criminal Attorneys at Birdsall Obear & Associates.