What to Do After Being Arrested for Drug Possession in Wisconsin
Being arrested for drug possession in Wisconsin is a serious legal matter that can result in criminal charges, probation, jail time, and a permanent criminal record. Even a first-time offense can affect employment opportunities, housing applications, professional licensing, and future court proceedings.
In Wisconsin, once law enforcement files charges, the State becomes the injured party, not the arresting officer and not any individual involved. That means prosecutors decide whether to move forward, even if circumstances change.
If you have been arrested in Janesville, Rock County, or anywhere in Wisconsin, knowing what to do immediately can significantly affect the outcome of your case.
This guide explains Wisconsin drug possession laws, potential penalties, defense strategies, and the steps you should take right away.
Understanding Wisconsin’s Drug Possession Laws
Classification of Controlled Substances
Wisconsin categorizes drugs into five Schedules (I-V), similar to the federal Controlled Substances Act:
Schedule I: Highly addictive drugs with no accepted medical use (e.g., heroin, LSD, ecstasy).
Schedule II: High potential for abuse but some medical uses (e.g., cocaine, methamphetamine, fentanyl, oxycodone).
Schedule III-V: Decreasing levels of abuse potential (e.g., anabolic steroids, Xanax, Valium).
Types of Drug Possession Charges
1. Simple Possession:
Possessing a controlled substance for personal use.
Typically a misdemeanor for first-time offenses.
Example: Carrying a small amount of marijuana or cocaine for personal use.
2. Possession with Intent to Distribute:
Having drugs in a quantity or form that suggests distribution (e.g., packaged in multiple baggies, large amounts, or with scales).
Classified as a felony.
3. Possession of Drug Paraphernalia:
Items used to store, prepare, or use drugs (e.g., pipes, syringes, digital scales).
Can be charged separately in addition to possession.
Penalties for Drug Possession in Wisconsin
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First Offense: Misdemeanor, up to 6 months jail & $1,000 fine
Subsequent Offense: Felony, up to 3.5 years prison & $10,000 fine
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First Offense: Felony, up to 1 year jail & $5,000 fine
Subsequent Offense: Felony, up to 10 years prison & $25,000 fine
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First Offense: Felony, up to 3.5 years prison & $10,000 fine.
Subsequent Offense: Felony, up to 15 years prison & $50,000 fine
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First Offense: Felony, up to 3.5 years prison & $10,000 fine
Subsequent Offense: Felony, up to 15 years prison & $50,000 fine
Immediate Steps to Take After a Drug Possession Arrest
1. Remain Silent and Do Not Admit to Anything
You have the right to remain silent. Do not volunteer information to the police beyond providing your name and identification.
Anything you say can and will be used against you in court.
2. Do Not Consent to a Search
If law enforcement asks to search your car, home, or belongings, politely refuse unless they have a warrant.
Any evidence obtained illegally can be challenged in court.
3. Request a Lawyer Immediately
Do not answer questions or agree to any deals without an attorney present.
A lawyer will help you avoid making mistakes that could harm your defense.
4. Avoid Discussing Your Case with Anyone
Do not talk about your arrest on social media, text messages, or calls from jail (these are often recorded).
Conversations about your case should only be with your lawyer.
5. Document Everything
Write down details of the arrest, including time, location, officers involved, and any potential witnesses.
Note if the police searched your property without a warrant.
Possible Defenses Against Drug Possession Charges
1. Unlawful Search and Seizure
If police searched you, your car, or your home without a warrant or probable cause, your lawyer may file a motion to suppress evidence.
If successful, the charges may be dismissed due to lack of admissible evidence.
2. Lack of Knowledge or Ownership
If drugs were found in a shared space or vehicle, the prosecution must prove that you knew about and controlled the substance.
Example: A passenger in a car is arrested for drugs found under the seat, but there’s no proof they belonged to them.
3. Entrapment
If law enforcement pressured or tricked you into committing a crime you otherwise would not have committed, an entrapment defense may apply.
4. Lab Testing Issues
The prosecution must prove the substance is an illegal drug.
If the lab results are inconclusive, mishandled, or missing, the case may be weakened.
5. First-Time Offender Programs
Wisconsin offers drug treatment courts and diversion programs for non-violent first-time offenders.
These programs can reduce or eliminate charges upon successful completion.
Expungement and Clearing Your Record
Can Drug Possession Be Expunged in Wisconsin?
Expungement may be available if:
The offense was a misdemeanor or low-level felony.
You were under 25 years old at the time of the offense.
You successfully completed your sentence.
Expungement must be requested at sentencing, and not all judges grant it. If your case is eligible, a criminal defense lawyer can help file the necessary paperwork.
How a Criminal Defense Attorney Can Help
Negotiate for lesser charges or dismissal.
Ensure your constitutional rights were not violated.
Argue for alternatives like probation, diversion programs, or drug treatment courts.
Defend you in court if the case goes to trial.
Having legal representation increases your chances of a favorable outcome, whether that means a reduction in charges, a not-guilty verdict, or eligibility for an alternative sentencing program.
Contact Gerard Law Firm Today
A drug possession arrest in Wisconsin is a serious matter, but it does not have to define your future. Knowing your rights, taking immediate legal action, and working with an experienced defense attorney can significantly improve your chances of minimizing or avoiding penalties.
If you or a loved one has been arrested for drug possession, contact Gerard Law Firm today to discuss your options and start building a strong defense.
