Wisconsin laws are tough on drug crimes, as are federal laws. Drug convictions usually result in harsh prison sentences (see Federal Drug Schedules, Wisconsin Drug Schedules). Perhaps contrary to popular belief, a person can be tried by two governments for the same crime without being placed in double jeopardy, and a person can be charged by both the state of Wisconsin and federal government for crimes including possession, selling, manufacturing or trafficking drugs because both state and federal laws prohibit such acts. Drug charges often include conspiracy charges so as to include more people in the prosecution, encourage one defendant to turn evidence against another, and allow the prosecution to choose their venue (the jurisdiction under which they charge the alleged defendant and ultimately try the case - a federal court or Wisconsin state court). Both Wisconsin and Federal laws prohibit possession, possession with the intent to deliver, delivery of a controlled substance, manufacturing drugs, and maintaining a drug dwelling. Additionally, both prohibit trafficking drugs, which is often charged under federal laws. Wisconsin laws also prohibit fraudulently acquiring prescriptions. Both Wisconsin and federal laws provide severe penalties for any drug related conviction and those penalties are more severe (enhanced) if a minor is involved in any drug related offense. According to Human Rights Watch (HRW), which monitors crime and punishment in the United States and around the world, the great majority of drug offenders incarcerated under mandatory sentencing laws are nonviolent men and women. Although most of these people were convicted of low-level drug-related offenses, they may have been sentenced to spend years in prison. "Whether repeat or first-time offenders," notes a HRW report, "whether convicted of possession, sale, possession with intent to sell or attempted sale, most of these offenders are guilty of minor crimes for which they should be held accountable - but for whom prison is a misguided sentence."
The most severe legal restrictions and penalties under both Wisconsin and federal laws involve Schedule I and II drugs. Charges range from misdemeanor offenses to felony offenses, and punishment can include jail time, prison time and treatment programs. Wisconsin drug schedules and federal drug schedules are very similar. Wisconsin's drug laws mirror the federal laws, but the penalties differ; some are less harsh and more flexible under the state's sentencing schemes than under the federal sentencing guidelines, while others are more severe. A conviction of simple possession, for example may receive a sentence under state law of drug treatment rather than jail time, and probation may be available to first-time offenders for even the more serious crimes.
•One in four persons convicted and sentenced to prison for a drug crime is convicted of simple possessing of drugs. • Most people convicted for drug offenses are non-violent. • Most minimum sentences range from one year in jail to three years in prison for first-time offenders, and three years to 12 years in prison for second or repeat offenders. Over the past twenty years, the declared "war on drugs" has failed to end substance abuse, but it has succeeded in punishing and imprisoning many Americans who might otherwise lead productive lives. A felony conviction, even for a minor drug offense, is a heavy burden for anyone going back into the job market. And while it is difficult to determine in advance the exact sentence an alleged drug offender faces, rarely does a defendant get off lightly without the benefit of an experienced criminal defense attorney. Drug charges cover a broad range of offenses, from the less severe, such as simple possession of a small amount of certain drugs, to the more serious, such as participation in an ongoing drug-related criminal enterprise or manufacturing and distributing drugs. Even minor charges can be terrifying and carry the risk of serious penalties upon conviction; the more serious charges, of course, can give rise to even graver consequences. Free but professional "first-impression" analysis If you are under investigation or have been arrested for any crime, or if you have already been convicted of a crime and believe your conviction to be wrong or your sentence too harsh, please call (608) 350-1004 or email the Attorneys at Tracey Wood & Associates right away. An Attorney at Tracey Wood & Associates will provide you with a brief but professional free "first-impression" analysis of your appeal based on the facts that you are able to convey. You can also submit your case online or email the attorneys.
OWI DUI Attorney Tracey Wood commonly works in the following Counties: Adams, Ashland,Barron,Bayfield,Brown,Buffalo,Burnett,Calumet,Chippewa,Clark,Columbia,Crawford,Dane,Dodge,Door,Douglas,Dunn,Eau Claire,Florence,Fond du Lac,Forest, Grant,Green,Green Lake,Iowa,Iron,Jackson,Jefferson,Juneau,Kenosha,Kewaunee,La Crosse,Lafayette,Langlade,Lincoln,Manitowoc,Marathon,Marinette,Marquette,Menominee, Milwaukee,Monroe,Oconto,Oneida,Outagamie,Ozaukee,Pepin,Pierce,Polk,Portage,Price,Racine,Richland,Rock,Rusk,Sauk,Sawyer,Shawano,Sheboygan,St. Croix,Taylor,Trempealeau, Vernon,Vilas,Walworth,Washburn,Washington,Waukesha,Waupaca,Waushara,Winnebago,Wood
Please take notice that although the law firm of Tracey Wood & Associates website contains a large amount of accurate and useful legal information about drunk driving, OWI, DUI, Sex Crimes, Expungement and other serious crimes, it is not intended to be used as legal advice. Only an attorney can counsel you on your specific case. Please contact the attorney at Tracey Wood & Associates immediately should you find yourself charged with a Drunk Driving in Wisconsin, a DUI (Driving Under the Influence), OWI (Operating Under the Influence) or any other serious crime in Wisconsin at (608) 350-1004. Even if your researching drunk driving laws or sex crime laws in Wisconsin, Lawyer Tracey Wood can assist you.