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Maintaining a drug house in Madison, Wisconsin or knowingly maintaining a house used to manufacture, deliver, or hold drugs could carry a penalty one year in prison, a $25,000 fine or both.
Madison and Dane County Criminal Defense Attorneys for Possession and Intent to Sell a Controlled Substance
Penalties for Maintaining a Drug Trafficking Place in Wisconsin
There are two possibilities for misdemeanor charges for keeping a drug house. One references a place for using drugs, and the other references a place used to manufacture, store, or deliver those controlled substances. Both charges are very similar and both involve the following:
- The person kept or maintained a building or place
- People used controlled substances in the place OR the place was used to manufacture, hold, or deliver drugs
- The defendant knew the place was being used this way
The maximum penalty for either of those charges is a fine of $25,000 and/or one year in jail.
Even though the maximum penalty for jail is only one year, these charges are commonly combined with other charges like possession and/or intent to distribute, which can come with more severe penalties depending on the amount of the substance and what substance it is.
Wisconsin Drug Possession Penalties
Controlled substances can include drugs such as marijuana, cocaine, heroin, methamphetamine, and LSD (acid). The penalties for possessing these depend on which substance you have and how much of it you have. For example, the following chart lays out penalties involving marijuana:
Quantity of Marijuana |
Maximum Jail Time |
Maximum Fine |
|---|---|---|
| Up to 200 g (4 or fewer plants) | 3.5 years | $10,000 |
| 200-1000 g (4-20 plants) | 6 years | $10,000 |
| 1000-2500 g (20-50 plants) | 10 years | $25,000 |
| 2500-10,000 g (50-200 plants) | 12 years | $25,000 |
| 10,000+ g (200+ plants) | 15 years | $50,000 |
Penalties for other drugs, otherwise legally known as controlled substances, are often worse. They can range from a $25,000 fine and 10 years in prison for 1 gram of LSD or cocaine, and they can go all the way up to a $100,000 fine and 40 years prison for more than 50 grams of heroin.
If you have been charged with straight possession or possession with intent of any of these substances, you should contact our criminal defense attorneys as soon as possible for your free consultation. The chances of getting your case reduced or dropped increases the earlier you contact an attorney.
If you have been charged with maintaining a drug trafficking place, online research will only get you so far. You need to schedule a free consultation with one of our award winning criminal defense attorneys who are going to give you much more information than a Google search.
Penalties and Accompanying Charges - Misdemeanors and Felonies.
Many times prosecutors will put themselves in a position to look like they are “negotiating” by charging you with everything possible and then “giving you a deal” for get rid of some of it. Somethings the charges that go along with drug trafficking are a natural fit, such as possession of paraphernalia or intent to distribute.
Figuring out whether your charges can be reduced or dropped is something an experienced criminal defense attorney can assist with.
Felony and Misdemeanor Charges for Maintaining a Drug Trafficking Place / Keeping a Drug House
Some charges that accompany maintaining a drug trafficking place can be misdemeanors. Regardless, most of these charges will carry the risk that you may have to serve some jail time.
Madison and Dane County Criminal Defense Attorneys for Possession and Intent to Sell a Controlled Substance
Maintaining a Drug House for Distributing or Using Controlled Substances is a Crime
You may think, “this is my private residence, they can’t bust me here!” Well, if you're using your home for storing or making illegal drugs, you’re wrong!
What Maintaining a Drug Trafficking Place in Wisconsin Means
Whether you're storing or making drugs for personal use or for sale, a conviction on a charge of maintaining a drug trafficking place will land you in prison.
Keeping a drug house is prohibited by section 961.42 of the Wisconsin Statutes. In Wisconsin, maintaining a drug house is a Class I felony.
Hiring the best defense attorneys in Wisconsin should be your first step towards getting drug house charges dropped.
There are two misdemeanor charges for keeping a drug house in Wisconsin. One applies to having a place for using drugs and the other is for a place used to manufacture, store or deliver those controlled substances. Both places are defined similarly:
- The person kept or maintained a building or place
- People used controlled substances in the place OR the place was used to manufacture, hold or deliver drugs
- The defendant knew the place was being used this way
You are only guilty if you are convicted™
Felony & Misdemeanor Charges for Maintaining a Drug Trafficking Place or Keeping a Drug House
Misdemeanor charges are frequently paired with maintaining a drug trafficking place. All told, the combination of drug charges carries a high risk of jail time.
Penalties for Maintaining a Drug Trafficking Place
The maximum penalty for first offenses is 1 year in jail and/or a $25,000 fine. Although a one-year jail sentence may not seem like a lot, these charges are commonly combined with others, such as possession and intent to distribute, which can lead to more severe penalties.
Penalties also vary depending on the type of substance and amount. The following lays out penalties based on the type of drug, and the amount in possession:
| Amount | Penalty | Max. Incarceration | Max. Fine |
|---|---|---|---|
| 200 grams or less / 4 plants or less | Class I Felony | 3.5 years | $10,000 |
| 200-1,000 grams / 4-20 plants | Class H Felony | 6 years | $25,000 |
| 1,000-2,500 grams / 20-50 plants | Class G Felony | 10 years | $25,000 |
| 2,500-10,000 grams / 50-200 plants | Class F Felony | 12.5 years | $25,000 |
| More than 10,000 grams / More than 200 plants | Class E Felony | 15 years | $50,000 |
| Amount | Penalty | Max. Incarceration | Max. Fine |
|---|---|---|---|
| 1 gram or less | Class G Felony | 10 years | $25,000 |
| 1-5 grams | Class F Felony | 12.5 years | $25,000 |
| 5-15 grams | Class E Felony | 15 years | $50,000 |
| 15-40 grams | Class D Felony | 25 years | $100,000 |
| More than 40 grams | Class C Felony | 40 years | $100,000 |
| Amount | Penalty | Max. Incarceration | Max. Fine |
|---|---|---|---|
| 3 grams or less | Class F Felony | 12.5 years | $25,000 |
| 3-10 grams | Class E Felony | 15 years | $50,000 |
| 10-50 grams | Class D Felony | 25 years | $100,000 |
| More than 50 grams | Class C Felony | 40 years | $100,000 |
| Amount | Penalty | Max. Incarceration | Max. Fine |
|---|---|---|---|
| 3-10 grams | Class E Felony | 15 years | $50,000 |
| 10-50 grams | Class D Felony | 25 years | $100,000 |
| More than 50 grams | Class C Felony | 40 years | $100,000 |
If you’ve been charged with drug possession, drug related first offense OWI or intent to distribute marijuana, cocaine, heroin, LSD, or methamphetamine, contact our criminal defense lawyers as soon as possible for a free consultation. The earlier you get an attorney, the better chance you have to get your drug charges reduced or dropped.
If you’ve been charged with maintaining a drug trafficking place, there’s only so far cursory online research is going to get you. A free consultation with an experienced lawyer will give you the lay of the land far better than a Google search.
Fines, Penalties & Accompanying Charges - Misdemeanors and Felonies in Wisconsin
The DA will often seek to establish a negotiating position by charging you with everything they can. Sometimes the accompanying charges fit naturally with a drug trafficking charge, like possession of drug paraphernalia, and possession and intent to distribute the drug (often cocaine or marijuana).
Determining whether these charges can be dismissed or reduced is something an experienced drug crime defense attorney can help you with.
Criminal Defense for Madison Drug Possession Misdemeanor and Felony Drug Charges
One of the best defenses for trafficking charges is to challenge the evidence the police got from the search and seizure. Police must have probable cause before they can search you, your vehicle, your home or anywhere else. If our Madison drug possession lawyers can prove they did not have probable cause, any evidence found must be thrown out.
If you’ve been caught with drugs, call our firm immediately for a free consultation - before your initial appearance in Wisconsin. Don’t let time destroy vital evidence for your case. Our Madison office (located just off the Beltline) draws clients from Waunakee, Verona, Middleton, Sun Prairie, Fitchburg and surrounding Dane County communities. We will examine your unique situation and discuss your options. Remember: you are only guilty if you are convicted.
Contact our Madison Drug Defense Lawyers to get your drug possession or intent to distribute charges reduced or dropped entirely.
How long does a Drug Trafficking charge stay on my record?
With the exception of a dismissal, these charges will stay on your record for the rest of your life. Even as a misdemeanor that could be expunged, it will always remain as a criminal conviction. As a felony, you will also have a lifelong ban on possessing firearms as well as a temporary order to not vote.
How to beat a Drug Trafficking charge
Given the complications of maintaining a drug trafficking place, defenses definitely exist. You want an aggressive criminal defense attorney to review possible constitutional rights violations as well as typical defenses for a case like this. You will want the most aggressive defense possible, because the alternative is a pretty serious criminal record.
Madison Drug Possession Lawyers Provide Criminal Defense for Misdemeanor and Felony Drug Charges
One of the best defenses for trafficking charges is to challenge the evidence that police got from the search and seizure. Police must have probable cause before they can search you, your vehicle, your home, or anywhere else. If they did not have the probable cause when they did the search, any evidence found in that search must be thrown out.
If you have been caught with drugs on your person, in your car, or in your house, call our firm right away for a free consultation. We will examine your case and discuss the options you have.
A Common Mistake in Selecting a Criminal Defense Attorney
Don’t be pulled into the web of a lawyer who promises the best outcome. You have serious charges pending and you want someone who knows how to fight those charges and who can cover all of your bases for you.
There are many things that go into determining the outcome of your case and an experienced drug attorney will walk you through those factors and how they can best be used in your case, and the attorney will have your best interest in mind.
