Drug Possession With Intent to Sell Charges in Madison, WI

Securing Fair Outcomes for Those Facing Serious Drug Charges

Anyone facing drug charges should be concerned about their future. Even a simple possession charge can lead to major consequences – including years in prison time and thousands in fines. Of course, the state views the act of selling drugs as a far more serious offense. The charges a person can face will vary based on the circumstances of their case, but in many cases, they’ll potentially have a felony offense on their record. This is why you need to work with a drug possession with intent to sell lawyer in Madison, WI.

At Casper Mehlos Law Group, we’ve seen how drug charges can destroy a person’s life. Unfortunately, such outcomes are often unfair and unjust. Prosecutors frequently overcharge good people in order to scare them into accepting arbitrary plea deals. There are also times when a police officer will charge someone with drug possession with intent to sell – when in reality, the individual only intended to keep the substances themselves. Put simply, unreasonable outcomes are not uncommon when it comes to alleged drug crimes.

Contact our law firm today to schedule a free initial consultation.

When Are Simple Drug Possession Charges Upgraded?

Simple possession is not a minor criminal charge. Typically, a person will face up to one year in jail and a potential fine of $5,000 for a first-offense conviction. However, things can get much more serious if police or prosecutors believe an individual had the intent to sell or distribute the drugs found. This belief could stem from the word of a confidential informant or if a person makes incriminating statements, but in most cases, these upgraded charges result from the amount of drugs a person allegedly possessed. At this point, a first-time conviction can be a felony offense.

However, police will not simply consider the amount of a drug possessed when deciding between possession charges and possession with intent to distribute charges. For instance, they may believe a person intended to sell drugs if the substance was held inside small, individually wrapped portions. The presence of drug paraphernalia – such as packaging materials and scales – can also be used as evidence of intent to sell. Police may even believe that large amounts of cash signify that a person is distributing controlled substances rather than merely using them.

Clearly, there are often a variety of assumptions made about a defendant once they’re arrested. The important thing to remember is that you have the presumption of innocence – regardless of the severity of the crime you’re charged with. At Casper Mehlos Law Group, we’ve been able to have charges reduced to simple possession – but more importantly, we’re frequently able to have charges thrown out altogether. The eventual outcome of your case will vary based on individual circumstances, but we’ll try everything in our power to help you avoid criminal penalties.

What Qualifies as a Controlled Substance?

When someone is charged with a drug offense, there are certain assumptions made. For instance, most people assume one of the well-known drugs was involved – such as marijuana, cocaine, heroin, or LSD. However, it’s important to understand that Wisconsin has a Controlled Substances Act, and the law classifies substances based on their potential for abuse, dependency, and accepted medical use. A possession with intent to sell attorney in Madison, WI can help you understand how certain drugs can affect the charges against you, but learning how substances are “scheduled” can help as well.

The following are the various schedules of drugs under Wisconsin law:

Schedule I: Heroin, ecstasy, marijuana, LSD
Schedule II: Cocaine, oxycodone, fentanyl, Ritalin, Adderall, methamphetamine
Schedule III: Testosterone, ketamine, certain barbiturates, anabolic steroids
Schedule IV: Valium, Xanax, Ambien, Ativan
Schedule V: Motfen, Lomotil, certain cough medications

The earlier schedules are considered more serious under Wisconsin law. For instance, the penalties for possessing Schedule II substances are less severe than those for possessing Schedule I drugs. The same holds true if a person is facing enhanced charges due to the belief they planned to distribute or sell the drugs. This should be particularly terrifying for those arrested with marijuana – which is listed as a Schedule I substance even though its use has become widely accepted.

Put simply, even an intent to sell marijuana offense can result in a felony charge – so it’s important to understand the potential penalties you could face.

What Are the Penalties for Drug Possession With Intent to Sell in Wisconsin?

In some states, criminal charges are discussed in terms of “degrees.” For instance, a second-degree felony would be considered less serious than a first-degree felony. However, Wisconsin uses a letter-based system instead. A Class A felony offense is considered the worst potential charge, and a conviction under the law could result in life imprisonment. Conversely, a Class I felony offense could result in 3.5 years in prison time. The penalties for drug possession with intent to distribute in Wisconsin will depend on the level of felony the prosecutor charges a person with.

It’s difficult to specify how a crime will be charged without considering all underlying facts in the case. For instance, a person with prior offenses might face more serious charges due to their criminal record. The type of drugs allegedly in the defendant’s possession will also play a significant role – as well as the amount they are accused of possessing. Regardless of the underlying circumstances of your case, though, you should contact a Madison, WI possession with intent to sell attorney immediately – because the penalties will always be severe.

For instance, a person arrested and charged with possessing between 200 and 1,000 grams of THC may be convicted of a Class H felony. This can result in six years of incarceration along with a fine of $10,000. Now, let’s envision that a person is accused of having constructive possession with intent to sell just six grams of cocaine. This is considered a Class E felony offense, and it could result in 15 years behind bars and $50,000 in fines. Put simply, possession with intent to sell is never a minor offense. Make sure you have an experienced attorney on your side.

Can You Be Arrested for Prescription Drugs?

Possessing an illegal controlled substance is clearly a crime, but what if a person has the legal right to possess a drug? This is a common scenario when someone is prescribed medication by their doctor. However, it’s important to remember that a valid prescription only grants a person the right to possess and use a drug for their own medical needs. It does not give them the right to distribute the controlled substance to others, so presenting a prescription will not always be an effective defense.

Police will typically not arrest a person for possessing prescription drugs. However, they may make an arrest if other factors lead them to believe that distribution is likely. Additional evidence that could lead to an arrest includes:

Large quantities of drugs in the defendant’s possession
Packaging materials (e.g., vials, baggies) and scales
Large amounts of cash
Communication or behavior indicating sales activities

If you’ve been arrested for possession with intent to sell – whether it’s a prescription drug or illegal substance – working with a team of experienced criminal defense attorneys is in your best interest. They can help you understand your legal options and potential defenses. For instance, it’s typically necessary for the prosecution to show that the defendant knew they were in possession of controlled substances. Fortunately, this isn’t the only possible way to avoid conviction and severe penalties.

There are actually a wide variety of legal defense strategies for possession with intent to distribute or sell charges in Madison, WI.

What’s the Best Legal Defense for Drug Offenses in Wisconsin?

Criminal defense attorneys understand that the best legal defense for any drug case will depend heavily on the circumstances of the alleged crime. When police make an arrest, they often do so because they believe they’ve caught someone “red-handed.” The prosecutor will typically take this belief at face value, and when it comes to drug possession with intent to sell or distribute, they’re likely to seek a felony conviction. However, keep in mind that there’s no such thing as an “open and shut” case. The following defenses may apply:

Lack of intent: It’s possible to argue that the defendant had drugs for personal use – and there was no intent to distribute
Prescription defense: Though not typically a complete defense, having a valid prescription for a medication can be used to argue against intent to distribute
Entrapment: Law enforcement can not induce an individual to commit a crime they would not have otherwise committed
Lack of knowledge: A defendant can argue that the drugs in question belonged to someone else or that they were unaware of the presence of a controlled substance
Insufficient evidence: The prosecution must meet the burden of proof necessary in criminal proceedings
Duress or coercion: It’s possible to argue that the defendant was forced to possess or distribute drugs by being threatened
Constitutional issues: An illegal search, stopping someone without reasonable suspicion, and a variety of other constitutional violations can harm the prosecution’s case

If you’re facing a misdemeanor or felony drug case, it’s important to understand that the burden of proof is on the prosecution. Technically speaking, you don’t even have to present your own case. If the prosecution can’t prove your guilt beyond a reasonable doubt, then the judge or jury should not convict. Unfortunately, wrongful convictions are not uncommon – nor are unfair sentences and overcharging of crimes. This is why you should work with a drug possession with intent to sell lawyer in Madison, WI.

Contact Casper Mehlos Law Group today for your free consultation.

Contact Our Drug Possession With Intent to Sell Lawyers in Madison, WI

No criminal offense charges should be taken lightly. Even if prosecutors tell you they’ll “go easy” and “cut you a break,” the reality is that having a conviction on your record has lasting effects. Of course, many criminal cases are far more serious than others – and this includes those involving drug possession with intent to sell or distribute. If the state believes you were trying to sell controlled substances, they will come at you with everything they have. If you’ve found yourself in this position, you need an experienced attorney on your side.

At Casper Mehlos Law Group, that’s precisely what we offer. We will fight hard to secure a favorable outcome on your behalf. In some instances, this will involve working to have prosecutors drop all charges. In other situations, it may come down to establishing reasonable doubt at trial. Intent to sell charges come with harsh penalties – even for the lowest-level conviction. Our law firm will review all the evidence and help you understand your legal options. Contact us at (608) 820-8926 to schedule your free consultation.

Our drug possession with intent to sell lawyers in Madison, WI are here to help.