Recent Blog Posts
Federal LSD drug laws and punishments
The psychedelic drug LSD (d-Lysergic Acid Diethylamide) is illegal throughout the United States. Under federal drug laws, LSD is classified as a Schedule I narcotic, meaning that an LSD-related conviction will come with the severest punishments on par with those associated with heroin.
Because the federal government has classified LSD as one of the most dangerous kinds of drugs, a first-time conviction for the least serious LSD possession offense will be punished with a minimum of $1,000 in fines and a maximum of three years in prison.
LSD sales convictions will be punished based on the amount of LSD involved and the number of previous convictions. Even with a first-offense LSD sales conviction of less than 10 grams, the offense could result in a five- to 40-year sentence and fines as high as $2 million. If more LSD or a second offense is involved, it's difficult to believe, but someone could easily face a lifetime conviction for a nonviolent LSD conviction.
Considering the fierceness of LSD penalties, it's surprising to find that approximately 9 percent of the U.S. population above the age of 12 admits to taking LSD at least one time in their lives. The average user of LSD is male, white and between the ages of 18 and 22. This user probably lives in the Western part of the United States and has educated parents and upper-middle-class parents.
Federal regulators order reduction of opioid production amid abuse epidemic
Something readers may not be aware of is that federal regulators have the authority to limit the amount of controlled substances which may be manufactured in the United States on an annual basis. Under the Controlled Substances Act, the United States Attorney General is required to set annual manufacturing quotas for basic classes of Schedule I and II controlled substances to ensure an adequate supply.
The federal Drug Enforcement Administration, which is the agency delegated the authority to handle such matters, recently issued a final order establishing initial aggregate production quotas for 2017. The new numbers reportedly represent a 25 percent reduction in production for almost all Schedule II opiates and opioid medications, though the manufacture of certain medications was reduced by an even greater amount.
Fight back against a holiday drunk driving charge
Some people might have been arrested for drunk driving over the recent holiday season. If you are one of these, you need to get to work on your defense right away. Some components of these cases are time sensitive, so you are very limited on how much time you have to act. We are here to help you go through the various aspects of your case.
One thing to remember for drunk driving cases is that your defense strategy might call several points into question. We need to have time to look at the circumstances of the case to determine exactly what our options are. Once we know this, we can discuss them with you so that you can give us directions on what you want to focus on. The goal is to come up with a strategy that is comprehensive and that is based on the truth of the time.
Another thing that you have to consider in these cases is how the effects might impact your life. For example, you might lose your driver's license. This means that you will have to find ways to get work and to run errands. If your job involves you driving, you won't be able to do that.
Find alternatives to drunk driving in Waukesha
With the Waukesha Metro Transit and availability of taxis and ride shares, people in our area have plenty of options for getting home safely after a night of drinking. There really isn't any reason why a person should have to drive drunk but things might happen that lead to this. If you are facing drunk driving charges, make sure that you start working on a defense plan right away.
There are immediate impacts to this charge that aren't present in other charges. For one, you are facing the loss of your driver's license. This can greatly impact your life since you will have to rely on others for rides. If you have to drive for your job, there is a chance that you will have to find other employment. This might be difficult with an open criminal case against you. It may be even harder if you have a conviction on your record.
We realize that most adults don't leave home with the intention of driving drunk. When one thing leads to another and you do face a drunk driving charge, you should go into damage control mode right away. When you are pulled over, remember that you do have constitutional rights. You can remain silent and have your attorney with you when you are questioned. This might be beneficial to you since anything you say to the officers can be used in court.
First-offense penalties for operating while intoxicated
An operating while intoxicated (OWI) offense in Wisconsin could mean serious consequences in the event of a conviction. If it's a first offense, the punishments will be less severe than subsequent offenses.
Here is what you can expect if you're convicted:
- You will be required to pay substantial court costs in addition to a $150 to $300 fine.
- In the vast majority of cases, you do not have to fear a jail sentence. However, if you were carrying a passenger under the age of 16, you could be sentenced to as many as six months in jail. Jail or prison time could also result if you hurt someone.
- The revocation of your driving license for six to nine months.
- In cases where your blood alcohol content (BAC) was at least .15 percent or more, you'll need to install an ignition interlock device in your car.
- You'll have to submit to an alcohol assessment.
- You could receive as many as six points on your license.
- There will be other noncriminal consequences, such as the potential loss of your job (depending on what you do for work) and a sharp increase in your auto insurance premiums.
Flawed drug tests lead to incrimination of innocent people
In 2007, drummer Don Bolles was driving in his van in Newport Beach, California when he was pulled over by police officers. The police officers arrested Bolles for his alleged possession of GHB, which is a date rape drug. The police officers had pulled over Bolles for a broken taillight, searched his van, and allegedly found the banned drug. However, a lab test ultimately revealed that the "GHB" found in the drummer's van was simply an all-natural cleanser. As a result, all charges against Bolles were dropped.
Without warning, police officers can approach you and accuse you of possessing drugs. As the incident described above reveals, you can be arrested if police officers claim you were in possession of an illegal drug. Even worse, if you find yourself in a similar scenario, the lab test results will often be the determining factor in whether you are convicted. Unfortunately, in a significant number of cases, flawed drug tests often lead to the conviction of innocent individuals.
Good news for drunk driving, bad news for distracted driving
The state of Wisconsin has seen a dramatic decline in drunk driving deaths. Due to law enforcement efforts, education programs and criminal penalties during the last decade, deaths caused by drunk driving have decreased by 50 percent, believe it or not. However, there is a new kind of behavior that is increasing the total number of roadway fatalities: distracted driving.
Everyone knows that if you're drunk and you cause an injurious car accident, you could go to jail, but did you know that if you're texting-while-driving and you cause a deadly or injurious accident you could also go to jail? These days, law enforcement officers commonly check for evidence of cellphone usage following a catastrophic accident.
No social stigma attached to texting-while-driving
Have you considered these drunk driving defenses?
Defendants in Wisconsin who have been accused of drunk driving will have various criminal defense strategies available to them. However, only certain methodologies will apply to any given case depending on the facts and evidence being presented by the prosecution, and depending on the potential punishments involved.
That said, here are three common defense strategies used by lawyers in Wisconsin:
Improper stop
Police must have a valid reason -- virtually any valid reason -- to pull over a driver, such as the driver not having his or her headlights on or crossing the double-yellow line. If police stop a driver for no good reason and it ends in an arrest, then the resulting charges could get thrown out of court.
Bad handling of chemical test samples
Whether police use a Breathalyzer test, or hold a test without a Breathalyzer through a blood or urine sample, these tests are hard to prove as accurate in some cases. If the defendant can show that lab technicians or police mishandled the samples related to the test, he or she might be able to get the lab results thrown out as evidence.
How can a criminal defense lawyer help me?
Having a criminal defense lawyer by your side during your drug crime proceedings is essential. However, for those who have never been through a criminal litigation process, they may not understand how much a lawyer can help. They might even make the mistake of trying to defend themselves pro se, i.e., navigate their legal proceedings without legal representation. When it comes to a drug-related trial, a pro se defendant might find him or herself unintentionally digging into a deeper and deeper hole.
If you're on the fence about hiring a lawyer in your case, you might want to consider some of the potential benefits of contacting a criminal defense attorney:
Reduction of criminal charges
The severity of your punishment depends on the severity of your criminal charges. For example, if you're convicted of speeding instead of drunk driving, your criminal consequences and potential punishments will be significantly less. Sometimes, a criminal attorney can succeed in getting his or her client's criminal charges reduced, which ultimately serves to make the punishments less in the event of a conviction.
How do attorneys deal with drug possession charges?
Drug possession charges are difficult to deal with and might lead to severe punishment if you are found guilty. It is important to have the right defense strategy to help you overcome the charges. Attorneys use different defense mechanisms when defending their clients against possession charges.
The basic strategy used by most attorneys is to put the onus on the prosecution to bring forward proof. The prosecution must establish beyond all reasonable doubt that the defendant was in possession of an illegal substance. The defense may argue that the law enforcement agencies did not follow the due process of law. In case the search and seizure warrant was not carried out in a lawful manner, the defense might ask for the case to be dismissed. To recover drugs from concealed locations, law enforcement officers must ask for the owner's permission, or have a search warrant. Drugs placed in plain sight can be seized without permission of the owner. The defense may also argue that the defendant had no prior knowledge of the presence of the drugs that were discovered.