Attorney Cherella at the Law Offices of Christopher J. Cherella has handled drug crime cases for over 20 years. Having worked as a municipal prosecutor for the City of Milwaukee and a criminal defense lawyer, he brings to each case his unique insider knowledge of the criminal justice system. His in-depth knowledge of law enforcement techniques and the prosecution's presentation methodology allows him to anticipate potential case theories, and work to defend against these allegations.
Types of Drug Crimes in Wisconsin
When you contact Attorney Cherella following a drug distribution or drug possession charge, he will analyze your case to understand the various legal components. From there, he works hard to put together a strategic defense designed specifically for you. He has personally handled hundreds of drug trafficking cases involving the alleged transportation of drugs throughout this state and in federal court. He is known for delivering strategic counsel and creative defenses to a wide variety of drug-related charges.
Serious drug charges we can defend include:
Start with a FREE evaluation of your drug charges.
Drug Schedule System in Wisconsin
Wisconsin follows the federal classification of controlled substances.
The 5 classification categories are as follows:
- Schedule 1: These are the highest classifications of controlled substances and include those that have a high potential for abuse, have no medical purpose, and are unsafe for use.
- Schedule 2: These substances have a high potential for abuse, but they have an accepted medical use; however, usage is severely restricted. Abuse of these types of drugs could result in psychological or physical dependence.
- Schedule 3: These drugs have a lower potential for abuse than Schedule 1 and 2 substances, and they have an accepted medical use. Abuse could potentially lead to moderate physical dependency or high psychological dependency.
- Schedule 4: This category of substances have a low potential for abuse in relation to Schedule 3 drugs. There is also an accepted medical use for these substances. Abuse could lead to limited physical or psychological dependency.
- Schedule 5: This is the lowest class of controlled substances, with the least potential for abuse. There is an accepted use in medical treatment. Abuse of the substances has a limited risk of physical or psychological dependency.
Drug Crimes Penalties in Wisconsin
If you are convicted of a drug crime, the consequences will be steep, even if your drug violation constituted a misdemeanor. The penalties for drug offenses can vary depending a variety of factors such as:
- The type of drug
- The amount of the drug
- What was being done with the drug (trafficking, manufacturing, selling, etc.)
The typical conviction for a drug crime, such as drug possession, could result in:
- Several months in jail, or at least one year if it was a felony crime
- Thousands of dollars in fines and fees that are paid to the state
In addition your criminal record can follow you around and spoil your reputation. Too much is hanging in the balance to bet it all on an inexperienced or overworked public defender. You need to team up with a drug lawyer in Milwaukee like Christopher Cherella.
Contact Our Drug Crime Attorney in Milwaukee Today
Our Milwaukee drug attorney has a comprehensive understanding of search and seizure laws and due process laws, which provide a sizable benefit to our clients charged for drug crimes. Contact us now for dedicated legal support.
- Over 20 years of proven legal experience
- Former prosecutor with invaluable insights
- 1,000s of criminal cases skillfully handled
- One-on-one service, 24/7 availability
All you need to do is contact our office by calling (414) 347-9334 and setting up a complimentary case analysis.
Frequently Asked Drug Crimes Questions
Are All Drug Offenses Charged as Felonies?
Although a majority of drug offenses are charged as felonies, a couple are not. For a first-time marijuana possession offense, you could be charged with a misdemeanor. However, subsequent offenses are charged as felonies. Also, depending on the purpose, offenses such as possessing, manufacturing, delivering, or advertising drug paraphernalia can result in a punishment of up to 30 days and jail and a fine. However, some paraphernalia offenses can be charged as felonies.
Are the Penalties the Same for All Drug Crime Convictions?
Not all convictions are punished the same. The amount of the substance, the kind of substance, and the type of offense will determine what penalties are assessed. Regardless, drug crimes are harshly prosecuted, and a conviction will usually result in jail or prison time and/or steep fines.
Could I Be Charged with Possession if I Did Not Have Control of the Substance?
You could be charged with possession even if the drugs were not physically on you. This is called constructive possession. To prove that you committed this offense, the prosecutor must show that you knew drugs were near you, you knew the substance was an illegal drug, and you had the ability and intent to take control of the substance.
Is Drug Trafficking a White Collar Crime?
No, drug trafficking is not considered a white-collar crime. White-collar crimes typically involve nonviolent, financially motivated offenses like fraud, embezzlement, or insider trading. Drug trafficking, on the other hand, is classified as a criminal offense involving illegal distribution, sale, or transportation of controlled substances.
Is Drug Possession a Federal Crime?
Yes, drug possession can be a federal crime, but it depends on the circumstances. Possession of illegal drugs is generally prosecuted at the state level. However, it becomes a federal crime if the drugs were found on federal property, the possession involves crossing state/international boards, and/or the case involves large quantities of drugs suggesting intent to distribute.
Can an Officer Search My Car During a Traffic Stop?
An officer can only search your car during a traffic stop under certain conditions: With your consent, due to probable cause, the search occurs after an arrest or there are illegal items in plain view.
