Drug charges in Wisconsin carry serious consequences — but the evidence against you is often more vulnerable than the prosecution wants you to believe.
Request a Free ConsultationWisconsin drug laws cover a broad spectrum of offenses from simple possession of a small amount of marijuana to large scale drug trafficking operations. The penalties vary enormously based on the type of controlled substance, the quantity involved, whether there was intent to distribute, and whether the offense occurred near a school or other protected zone. A conviction for even a minor drug offense can have consequences that extend far beyond the immediate legal penalties — affecting your employment, your housing, your professional licenses, and your eligibility for federal financial aid.
At Mitnick & Draper we look at every drug case through the lens of constitutional rights. How was the evidence obtained? Many drug arrests involve searches of vehicles, homes, or persons — and many of those searches push or cross the boundaries of what the Fourth Amendment allows. If law enforcement conducted an unlawful search the evidence they obtained may be suppressible, which can devastate the prosecution's case.
We also scrutinize the chain of custody for any physical evidence. Drug evidence must be properly collected, labeled, stored, and tested under strict protocols. Any break in that chain creates reasonable doubt about the integrity of the evidence.
For clients facing their first drug offense we also explore every available alternative — diversion programs, treatment court, deferred prosecution agreements, and expungement eligibility. Wisconsin has expanded its alternatives to incarceration for non-violent drug offenders, and in many cases we can help clients avoid a conviction on their record entirely while addressing any underlying issues.
If you are facing drug charges in Milwaukee or surrounding counties contact us immediately. The earlier we can review the circumstances of your arrest and the evidence against you the more options we have available.
How was the evidence obtained? Illegal searches and seizures are one of the most effective ways to suppress drug evidence entirely before trial.
Drug evidence must be properly handled from seizure through lab testing to courtroom. Any break in that chain creates reasonable doubt.
First time offenders often qualify for diversion programs, treatment courts, or deferred prosecution agreements that keep a conviction off your record.
Penalties vary significantly based on the type and amount of controlled substance. Simple possession of marijuana under 25 grams is a misdemeanor with up to 6 months in jail and a $1,000 fine for a first offense. Possession of harder substances or larger quantities carries felony charges with significantly higher penalties. Possession with intent to distribute carries even more severe consequences.
Simple possession means you had a controlled substance for personal use. Possession with intent to distribute means the prosecution believes you intended to sell or transfer the substance to others. Intent is often inferred from circumstantial evidence such as the quantity of the substance, the presence of scales or packaging materials, large amounts of cash, or text messages. An experienced attorney can challenge whether the evidence actually supports an intent charge.
Certain drug convictions can be expunged in Wisconsin if you were under 25 at the time of the offense, the offense is eligible for expungement under Wisconsin law, and you have successfully completed your sentence including any probation. Expungement effectively seals the record from public view which can significantly help with employment and housing going forward.
A deferred prosecution agreement is an arrangement where the prosecution agrees to hold off on pursuing charges while you complete certain requirements — typically drug treatment, community service, and staying out of trouble for a specified period. If you successfully complete the agreement the charges are dismissed and you avoid a conviction on your record. Not everyone qualifies but for eligible first time offenders it is often the best possible outcome.
Do not consent to any search. Politely but clearly state that you do not consent to a search. You have the right to refuse consent under the Fourth Amendment. If police conduct a search anyway do not physically resist — note everything you can remember about the circumstances and contact an attorney immediately. An unlawful search can result in all evidence obtained being thrown out of court.
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