Our legal team knows how to connect well with the jury, anticipate prosecutors’ moves, and put up a fight, no matter the charges our clients face.
Your defense primarily hinges on your exact charges. Possession and trafficking both involve controlled substances, but the amount, what the prosecution has to prove, and the punishments vary dramatically.
Possession charges apply when you’re accused of having a controlled substance for personal use. “Possession” doesn’t always mean the drugs were found on you. You can also face charges if prosecutors believe you had control over a place where the drugs were kept, like in your vehicle or home. The penalties depend on the type of drug and whether you’ve been convicted of a prior offense. For example:
A defense strategy that focuses on whether police followed appropriate search procedures or questions whether the evidence is sufficient can sometimes reduce or dismiss the charges.
Prosecutors often upgrade a simple possession case to “possession with intent to deliver” when evidence like the amount of drugs, packaging materials, cash, or text messages suggests an intent to sell. You don’t need to be caught selling drugs to face a trafficking-level charge.
If you’re found with multiple small baggies or scales, that can be enough for prosecutors to claim intent to distribute—even if there’s no evidence of an actual sale. The penalties vary widely depending on both the drug and the quantity:
Because these cases depend heavily on circumstantial evidence, your lawyer should challenge how the prosecution got the evidence and whether they’re interpreting it properly.
Drug trafficking charges apply to cases involving the sale, delivery, or manufacture of controlled substances. These cases are prosecuted under the same statute as intent-to-deliver cases, but the state must prove that an actual transaction or manufacturing process happened.
Trafficking doesn’t always involve large-scale operations. Delivering a small amount of a controlled substance to another person can qualify as trafficking. That includes giving a friend prescription pills or sharing drugs at a party. However, when larger quantities or organized activity are involved, penalties escalate quickly. For example, delivering 10 to 50 grams of heroin is a Class D felony, carrying up to 25 years in prison. Manufacturing or delivering between 200 and 1,000 grams of cocaine is a Class C felony. Larger operations can also lead to federal charges, which carry even harsher sentencing guidelines.
Your defense begins with reviewing how the police obtained their evidence. If the stop, search, or warrant were illegal, any evidence that law enforcement collected may be suppressed.
Your lawyer may also challenge whether you knew about the substance, that it belonged to you, or that you intended to sell it. In some cases, alternative sentencing options like deferred prosecution agreements or drug treatment court may be available, especially for first-time offenders. These programs can lead to dismissal once successfully completed.
Every drug crime defense should be tailored to each case’s unique facts. To find out which defense might be the right one for your situation, contact us today.
When facing drug charges in Madison, you likely have a lot of questions. These FAQs address common concerns our clients frequently have.
What is the difference between simple possession and possession with intent to deliver?
Simple possession usually involves small amounts for personal use. Possession with intent to deliver applies when you have larger quantities or evidence suggesting distribution. This often includes things like baggies, scales, cash, or communications about sales.
Can I be charged if drugs are found in my home but I didn’t know about them?
Possession charges require that you had both knowledge and control of the substance. If you can show you didn’t know about the drugs (or lacked access or control over them), your lawyer can incorporate this into your defense.
Do the type and amount of drug matter?
Yes, more than most people realize. Wisconsin sets quantity thresholds for substances like cocaine, methamphetamine, heroin, and marijuana. Penalties escalate for heavier quantities – they can increase the felony class. Courts also consider drug type when determining prison terms and fines.
Are first-time offenders treated differently?
Yes, sometimes. Courts may reduce penalties for first-time offenders or consider alternatives to incarceration. On the other hand, significant charges (like trafficking or manufacturing) have mandatory minimums that limit flexibility. Our Madison lawyers can explain what your options and likely outcomes may be.
What defenses are available for drug charges?
It depends on your specific case and facts. The attorneys at our Madison law firm can review your case and let you know what’s best for your case. However, there are many common defenses, including challenging unlawful searches or seizures, disputing whether you had knowledge or control of the substance, proving the drugs were for your own personal use rather than distribution, or showing entrapment. Law enforcement and prosecutorial errors are also common places to build a defense.
Can evidence from an illegal search be excluded?
Yes. If the police violated the Fourth Amendment or exceeded the scope of a warrant, evidence may be suppressed. The attorneys at our law firm will work to build the strongest possible case, including motions to suppress evidence.
Do trafficking or manufacturing charges ever involve federal court?
Yes, quite commonly. Large-scale drug distribution or interstate activity can trigger federal charges. Federal penalties often include mandatory minimums and longer prison terms. State and federal charges may overlap, requiring coordination to address both. You should look for a Madison law firm that can handle both kinds of charges.
What happens if a minor is involved in drug activity?
Using a minor in distribution, trafficking near schools, or involving minors in manufacturing leads to enhanced penalties.
Can a charge be reduced from trafficking or manufacturing to simple possession?
It’s possible, sometimes, depending on the evidence and the supposed quantity of drugs involved. Reduction may be possible through negotiation or pretrial motions, but heavy-quantity cases often have higher charges throughout the case. Our attorneys can help you understand whether your charges are likely to be reduced or dismissed.
What should I do if I’m arrested for a drug crime in Madison?
Don’t talk to the police beyond basic biographical information. Contact Nicholson Goetz & Otis, S.C.’s Madison law office promptly to review your case. The sooner we get involved, the sooner we can address procedural issues and protect your rights.
Do convictions carry consequences beyond prison and fines?
Yes. Convictions can affect employment, housing, and professional licensing. Some convictions may also limit federal benefits or firearm rights. Our Madison criminal defense lawyers can help you understand the long-term consequences and how we can help.
If you or a loved one faces drug possession, trafficking and/or manufacturing charges, turn to a law firm with the trial experience necessary to get results. Arrange a free 30-minute initial consultation by calling 608-237-6854 or filling out our online form.
