Wisconsin Criminal Law: What to Do if You’re Arrested for Drug Possession

When facing an arrest for drug possession in Wisconsin, it is essential to understand your rights and the steps you should take to navigate the legal process. Drug possession can lead to severe penalties, including fines and jail time, depending on the quantity and type of substance involved.

1. Understand Wisconsin's Drug Possession Laws

Wisconsin law categorizes drugs into different schedules. Possession of marijuana, although decriminalized to some extent, can still carry penalties, especially for larger amounts. Harder drugs like cocaine or heroin face stricter regulations and harsher repercussions. Knowing the specifics of the law can help you formulate your defense.

2. Remain Calm and Respectful During the Arrest

If you are arrested, it’s vital to stay calm. Arguing with law enforcement or resisting arrest can result in additional charges. Follow police instructions and avoid making any statements until you can consult with an attorney. Remember, anything you say can potentially be used against you in court.

3. Contact a Criminal Defense Attorney

Your first step after being arrested should be to contact a qualified criminal defense attorney who specializes in drug possession cases. An attorney will help protect your rights and guide you through the complex criminal justice system.

4. Gather Evidence and Document Your Circumstances

If you can, start documenting everything surrounding your arrest. Take note of what occurred before, during, and after the encounter with law enforcement. This includes the location, time, police behavior, and any witnesses. This information could be critical in building your defense.

5. Be Aware of Potential Defenses

In drug possession cases, there may be several viable defenses available to you. For example, if the drugs were not yours, or if they were found as part of an unlawful search and seizure, these could significantly affect your case. Your attorney can evaluate your situation and advise on the most effective strategy to adopt.

6. Familiarize Yourself with Possible Outcomes

The consequences of a drug possession charge can range from a misdemeanor to felony status, depending on various factors like prior convictions and the type of substance involved. Penalties may include probation, mandated drug treatment programs, or even incarceration. Understanding these outcomes can help you prepare for what lies ahead.

7. Consider Diversion Programs

Wisconsin offers diversion programs for first-time offenders that might allow you to avoid a criminal record. These programs typically require you to undergo treatment and attend counseling sessions while fulfilling probation requirements. If successful, the charges may be dismissed or reduced.

8. Stay Informed and Compliant

If you are released on bail or during the pre-trial process, it's critical to stay informed about your court dates and comply with all conditions set by the court. Failing to adhere to these conditions can lead to additional legal problems.

9. Prepare for Your Court Date

Before your court appearance, meet with your attorney to discuss strategies for your case. Be prepared to relay your story accurately and concisely. Your lawyer may also suggest potential plea agreements or settlement options if applicable.

In conclusion, an arrest for drug possession in Wisconsin can be alarming, but knowing how to respond can significantly impact the outcome of your case. Always gather reliable legal advice and be proactive about understanding the laws and your rights. With the right approach, you can navigate this challenging situation more effectively.