Drug Charges
Get the Legal Guidance You Need From a Trusted OWI Attorney in Wisconsin
Defending Your Rights Against Drug Charges
Drug-related charges in Wisconsin can carry severe consequences, including hefty fines, license suspensions, and even jail time. Whether you’re facing a simple possession charge or intent to distribute, the penalties can impact your future employment, housing opportunities, and legal record.
At Gerard Law Firm, we provide aggressive legal defense for individuals charged with drug crimes across Wisconsin. Our firm understands how to challenge improper searches, faulty drug tests, and other legal violations that could affect your case.
Call us today for a confidential consultation and take the first step in protecting your rights and your future.
Why Choose Gerard Law?
Drug charges in Wisconsin are prosecuted aggressively, but that doesn’t mean a conviction is inevitable.
At Gerard Law Firm, we understand how to fight these cases and protect your rights. Whether it’s challenging unlawful searches, disputing evidence, or negotiating alternative sentencing, we craft a defense strategy tailored to your situation.
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At Gerard Law Firm, we have a history of success in representing clients across various legal matters. Our results speak for themselves, showcasing our ability to secure favorable outcomes in even the most challenging cases.
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We understand that every legal case is unique. That's why we offer personalized attention to each client, ensuring that your specific needs and concerns are addressed. Attorney Benjamin Gerard takes the time to get to know you and your case, providing tailored legal strategies that work for you.
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Gerard Law Firm is deeply rooted in southeastern Wisconsin. Our familiarity with the local courts, judges, and legal procedures in Delavan, Lake Geneva, Janesville, and surrounding areas gives us a distinct advantage. This local expertise allows us to navigate the legal landscape efficiently and effectively, providing you with the best possible representation.
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We are dedicated to providing high-quality legal services that exceed our clients' expectations. From our initial consultation to the resolution of your case, we strive for excellence in everything we do. Our commitment to excellence ensures that you receive the best legal representation available.
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At Gerard Law Firm, our clients are our top priority. We believe in open communication, transparency, and building strong attorney-client relationships. Our client-focused approach means that you can trust us to be responsive, accessible, and dedicated to achieving the best outcome for your case.
Drug Charge Legal Defense Services We Offer
Drug-related offenses in Wisconsin can result in severe penalties, including fines, probation, license suspension, and incarceration. Even a simple possession charge can lead to long-term consequences, affecting your employment, housing, and reputation. If you're facing drug possession, distribution, or trafficking charges, having an experienced defense attorney is crucial to protecting your rights.
At Gerard Law Firm, we handle a wide range of drug-related cases, including those involving controlled substances, prescription medication offenses, and charges related to drug paraphernalia. We carefully examine each case to identify legal defenses, procedural errors, and constitutional violations, ensuring that every client receives a strong and tailored defense.
Drug Possession Defense
Possession of controlled substances, even in small amounts, can result in criminal charges. Wisconsin law classifies possession offenses based on the type of drug, quantity, and prior offenses. We defend against marijuana, cocaine, heroin, methamphetamine, and prescription drug possession charges, ensuring that your rights are protected.
Intent to Distribute & Drug Trafficking
If law enforcement believes you intended to sell, transport, or distribute drugs, you could face felony drug trafficking charges. Prosecutors often base these charges on the quantity of drugs, presence of cash, scales, or packaging materials. We challenge these claims and fight to reduce or dismiss the charges.
Prescription Drug Crimes
Prescription medications like Oxycodone, Xanax, and Adderall are strictly regulated. If you’re accused of fraudulent prescriptions, doctor shopping, or unlawful possession, you could face serious consequences. We defend medical professionals, patients, and individuals charged with prescription drug crimes.
Possession with Intent to Deliver
Even if you were not caught actively selling drugs, having large amounts of a controlled substance can lead to intent to distribute charges. We fight back against circumstantial evidence and challenge how law enforcement conducted their investigation.
Drug Paraphernalia Charges
Possession of drug paraphernalia—including pipes, syringes, and digital scales—can result in criminal charges, even if no drugs are found. We work to dispute possession claims and ensure that faulty evidence does not lead to a conviction.
Defending Against Illegal Search & Seizure
A key part of drug defense cases is determining whether police violated your constitutional rights. If officers conducted an illegal traffic stop, searched your property without a warrant, or lacked probable cause, we work to have evidence suppressed and charges reduced or dismissed.
The Drug Charges Process in Wisconsin
Facing drug charges in Wisconsin can be overwhelming, but understanding the legal process can help you prepare for what lies ahead. From the initial arrest to potential trial proceedings, each step in the process can significantly impact the outcome of your case. Wisconsin law classifies drug offenses based on the type of substance, quantity, and intent, with penalties ranging from fines and probation to lengthy prison sentences.
At Gerard Law Firm, we guide clients through every stage of the process, ensuring that their rights are protected. Whether negotiating for reduced charges, seeking alternatives to incarceration, or fighting for a full dismissal, we build strategic defenses that challenge weak evidence, unlawful searches, and procedural errors.
Step 1: Arrest & Charges Filed
Drug cases often begin with a traffic stop, home search, or undercover sting operation. If drugs or paraphernalia are found, you may be arrested on the spot. Police will file formal charges based on the type and quantity of drugs involved.
Step 2: Initial Court Appearance & Bail Hearing
You will appear before a judge who will determine whether bail should be set or if you will be released on your own recognizance. Our firm fights for reduced bail and works to keep you out of custody while your case proceeds.
Step 3: Pretrial Investigation & Negotiations
We thoroughly investigate police reports, lab results, and witness testimony to identify weaknesses in the prosecution’s case. This is when plea bargains may be discussed, but we always seek the best possible outcome for our clients—whether that’s dismissal, reduced charges, or alternative sentencing.
Step 4: Motion to Suppress Evidence (If Applicable)
If your Fourth Amendment rights were violated, we can file a motion to suppress evidence, arguing that any illegally obtained drugs, paraphernalia, or statements cannot be used in court.
Step 5: Trial or Case Resolution
If your case goes to trial, we aggressively defend you in court, challenging witness testimony, forensic evidence, and law enforcement conduct. In many cases, we negotiate plea deals that reduce penalties or avoid a conviction altogether.
Common Questions About OWI in Wisconsin
Drug charges can be confusing and overwhelming, with serious legal consequences that vary depending on the type of drug, quantity, and circumstances of the arrest. Below are answers to some of the most frequently asked questions about drug crimes in Wisconsin to help you better understand your rights and legal options.
What are the penalties for drug possession in Wisconsin?
Penalties for drug possession depend on the type of substance and the defendant’s prior record. Generally:
Marijuana possession (first offense) is a misdemeanor with up to 6 months in jail and a $1,000 fine.
Cocaine, heroin, meth, or other controlled substances can result in felony charges with prison time and higher fines.
Repeat drug possession offenses often lead to harsher penalties, including mandatory jail time.
Is drug paraphernalia illegal in Wisconsin?
Yes. Possession of pipes, syringes, scales, or other drug-related items can result in criminal charges, even if no drugs are found. Intent to use drug paraphernalia is enough for a conviction, though defenses exist to challenge the evidence.
Can I be charged with possession if drugs aren’t mine?
Yes. If drugs are found in a car, home, or shared space, prosecutors may charge anyone who had access to or control over the area where the drugs were located. This is called constructive possession, but an attorney can argue that you had no knowledge of or control over the drugs.
What is possession with intent to distribute?
If law enforcement believes you planned to sell or distribute drugs, you may face possession with intent to distribute charges. Prosecutors often base these charges on:
The quantity of drugs found
Packaging materials (baggies, scales, etc.)
Large sums of cash or firearms near the drugs
Intent to distribute is a felony in Wisconsin, carrying severe penalties.
What happens if I’m caught with prescription drugs without a prescription?
Possessing Oxycodone, Xanax, Adderall, or other controlled medications without a valid prescription is illegal and can lead to drug possession charges. Selling or distributing prescription drugs without authorization is considered drug trafficking and carries felony penalties.
Can police search my car or home for drugs without a warrant?
In most cases, law enforcement needs a warrant to search your home or vehicle. However, there are exceptions:
If drugs are in plain view (e.g., visible on your seat or dashboard)
If police have probable cause (e.g., smell of marijuana or suspicious behavior)
If you consent to a search
If a search was conducted unlawfully, your attorney may be able to suppress the evidence and get your charges reduced or dismissed.
What are the penalties for drug trafficking in Wisconsin?
Drug trafficking is a felony offense, with penalties based on the type and amount of drugs involved.
Small quantities (e.g., less than 1 gram of heroin) can result in fines and up to 3.5 years in prison.
Larger amounts (e.g., over 40 grams of cocaine) can lead to decades in prison and tens of thousands in fines.
Aggravating factors, such as trafficking near schools or involving minors, increase penalties.
Will I lose my driver’s license if I’m convicted of a drug crime?
Possibly. In Wisconsin, a drug conviction can lead to a driver’s license suspension, even if the offense was not related to driving. However, you may qualify for an occupational license that allows limited driving for work or school.
Can a drug charge be removed from my record?
Some first-time offenders may be eligible for:
Deferred prosecution agreements (DPAs) to avoid a conviction.
Expungement for certain offenses if they occurred before age 25.
However, felony drug convictions are generally not eligible for expungement. An attorney can help determine if you qualify for record sealing or other post-conviction relief.
What should I do if I’m charged with a drug crime?
If you’re facing drug charges in Wisconsin, it’s crucial to avoid speaking to law enforcement without an attorney. A skilled criminal defense lawyer can:
Review the legality of the search and arrest.
Challenge the evidence against you.
Negotiate for reduced charges or alternative sentencing.
Need Legal Help With A Drug Charge?
An drug-related arrest doesn’t mean a conviction—but acting fast is crucial. At Gerard Law Firm, we aggressively defend clients facing drug charges to minimize penalties and protect their future. 📞 Call us today at (414) 690-9872 for a free consultation.