WI Drug Crimes Overview

Wisconsin Drug Crimes Attorneys
WI Drug Charges Lawyers

If you have been charged with a drug crime, you need an aggressive, experienced attorney who knows how to win.   At The Law Offices of Sydne French, we achieve superior results defending our clients against all manner of drug-related charges, such as possession of drugs or drug paraphernalia, possession with intent to distribute or sell, manufacturing drugs, drug trafficking.  We handle all types of drug crimes involving all types of controlled substances as well, including marijuana, crack and cocaine, MDMA or ecstasy, speed and various prescription drugs.

Our firm specializes in defending licensed health professionals against drug fraud cases.  We work closely with the the Wisconsin Department of  Regulation and Licensing to help our clients keep their professional healthcare licenses.  We also aid graduates waiting for approval of their application to the relevant professional board while defending them against criminal drug fraud charges in court.  Visit our Defending Licensed Healthcare Professionals page for more information or call us today to discuss how we may help you fight your case and minimize the consequences to your professional license.

Click here to visit our News Room and read about drug cases we've fought and won for our clients.

We defend individuals facing all types of drug charges, including (but not limited to), the following:

• Possession, Distribution, Sale or Manufacturing of Drugs
• Drug Trafficking & Drug Transportation
• Prescription Drug Fraud
• Controlled Substance Fraud
• Illegal Possession & Sale - Prescription Drugs
• Possession of Controlled Substances
  • Crack
  • Cocaine
  • Heroin
  • Ecstacy (MDMA)
  • Methamphetamine (Speed)
  • Marijuana
  • Oxycontin
  • Oxycodone
  • Hydrocodone
• Possession of Paraphernalia
• Operating a meth lab

We want you to know you are not alone in this. We put our clients' best interests first every time. We want them to feel as though they are our only client, because they deserve the very best. And so do you.

To set up a free initial consultation, contact our office by e-mail or call 262-748-7008. Calls are returned promptly 7 days a week. We have evening and weekend appointments available for your convenience. If you have been arrested and are in detention, we will meet with you at the jail.

 

Wisconsin Drug Fraud Laws

WI Prescription Fraud Attorneys
Controlled Substances Fraud Lawyers

The crime of drug fraud is usually driven by addiction.  Drug addiction can affect anyone at anytime.  People in all professions—police officers, lawyers, doctors and nurses included—can find themselves facing drug fraud charges.  Often, individuals who were once legitimately prescribed pain medication, become addicted and later attempt to increase the number of refills without their doctor's approval.  The bottom line is that it can happen to anyone.

Whether it is charged as a felony or misdemeanor, drug fraud can have long lasting, wide spread effects.  If you are a nurse, doctor, or other type of healthcare professional, you may lose your license to practice, or your ability to find work as a medical professional may be greatly diminished.

Drug Fraud Crimes

Drug fraud can be charged as a felony or misdemeanor.

Obtaining a Controlled Substance by Fraud Wisconsin Statute 961.43(1)(a) defines obtaining a controlled substance by fraud as the illegal acquisition of controlled substance by misrepresentation, fraud, forgery, deception or subterfuge. Penalties: Obtaining a controlled substance by fraud is a level H Felony, punishable by a fine of $10,000 and 6 years in prison.

Obtaining a Prescription Drug by Fraud Wisconsin Statute 450.11(7) prohibits obtaining or attempting to obtain a prescription drug by fraud, deceit, or willful misrepresentation, or by forgery or alteration of a prescription order, or by willful concealment of a material fact, or by use of a false name or address. Penalties: Obtaining a prescription drug by fraud is an unclassified level misdemeanor, punishable by a fine of $500 and 6 months in jail.

The number of prescription or controlled drug fraud arrests are on the rise.  Because of this, prosecutors rarely file drug fraud charges as misdemeanors. It is more common for one to find themselves facing several felony counts of drug fraud.

Examples of Drug Fraud Crimes

Under the laws in Wisconsin, a drug fraud crime can occur in many ways. The most common forms of drug fraud crimes include:

	Altering a prescription in order to increase dosage, quantity, or number of refills
	Making a forged or fake prescription
	Impersonating a doctor or nurse while calling in a prescription
	Filling someone else's prescription without their knowledge
	Falsely representing oneself to be a manufacturer, distributor, pharmacist, or practitioner
	Stealing a physician's prescription pad to write a prescription

If you are facing drug fraud charges, call or email The Law Offices of Sydne French today for a free initial consultation.  We will give you an honest evaluation of your case and help you to determine what your next course of action should be to get your life and your career back on track.

 

Wisconsin Drug Schedules & Categories

Wisconsin and the federal government separate drugs into categories of controlled substances called “schedules.”  These schedules are based on the level of risk for abuse/dependency, as well as whether the drug has an accepted medical use.

Schedule I: considered to be the most dangerous of all.  They are deemed to carry a high risk of addiction/dependency.  The most distinguishing factor of Schedule I drugs is that they have no legitimate use in medicine. Drugs commonly included under this heading are LSD, marijuana, heroine, ecstasy, and GHB (Gamma hydroxy butyrate, a.k.a. "date rape drug").

Schedule II: like Schedule I drugs, drugs in Schedule II carry a high risk of abuse or dependency.  Unlike Schedule I drugs, however, Schedule II drugs may have legitimate medical uses. Drugs in this category include substances such as opium, methadone, methamphetamines, cocaine, and amphetamines.

Schedule III: considered to have a moderate risk of abuse. These substances include codeine, hydrocodone, testosterone, ketamine, certain depressants, and anabolic steroids.

Schedule IV: considered to have a slight risk of dependency and acceptable medical uses, including substances such as clonazepam, sedatives, and some tranquilizers.

Schedule V considered to have a very low risk of dependency, such as OTC (over the counter) medication with Codeine.

 

Wisconsin Drug Possession Penalties

Wisconsin drug laws generally follow federal drug laws.  Wisconsin penalties can sometimes be more or less severe than the federal government.  Under Wisconsin Statutes Chapter 961, the basis for the particular drug crime charged, and the penalties you may face, is the type of drug involved.

Chapter 961 covers many types of controlled or illicit substances.  The most severe penalties are those resulting from a conviction of drugs in Schedule I (e.g., LSD, marijuana, mescaline, heroin, peyote) and Schedule II (e.g., cocaine, methadone, opium, amphetamines, methamphetamines). 

Other factors influencing the penalty for possession of any given drug include number of prior convictions.   That is, the penalties are less severe for first time offenders than they are for repeat offenders.  For instance:

Controlled Substance	Maximum Penalties
Cocaine 1st conviction	1 year local jail + $5,000 fine
Cocaine 2nd and subsequent conviction	3 ½ years prison + $10,000 fine
Methamphetamines, no difference for 1st and subsequent convictions	6 years prison + $10,000 fine
Marijuana, LSD, & other hallucinogens, 1st conviction	1 year local jail + $5,000 fine
Marijuana, LSD, & other hallucinogens, 2nd conviction	3 ½ years prison + $10,000 fine

 

Other factors that can increase penalties for Wisconsin drug crimes and influence the judge at sentencing include the location the crime was alleged to have taken place, and the quantity of the drug.

*     *     *

Wisconsin drug laws are complicated.  Our office is skilled in defending individuals against all manner of drug charges in Wisconsin.  Contact our office today for a free, no pressure consultation.  We will discuss your rights and options with you and we will give you an honest opinion of your case.