Will a Drug Crime Conviction Mean I Go to Jail in Wisconsin?

 Posted on February 16, 2022 in Drug Charges

Public perception of drug use in America has changed rapidly over the last ten years or so. As more states legalize medical marijuana and even the federal government moves towards treating drug addicts rather than penalizing them, society’s understanding of drug use has relaxed. 

Unfortunately, many states still have harsh laws that are a holdover from America’s infamous “War on Drugs” period. Mandatory minimum sentencing, large fines, and other punitive measures were meant to prevent drug use and distribution. As overdose deaths continue to skyrocket, these measures appear to have failed in their intent and instead have left many lives ruined by impractical punishments. Recognizing this, Wisconsin allows judges to consider deferred prosecution, probation, and other types of alternative sentences to allow citizens charged with drug crimes to properly make amends without completely derailing their lives. 

Pre- and Post-Conviction Diversion

If you have been charged with or convicted of a drug crime, a diversion program may allow you to receive substance abuse treatment services, mental health services, and even job training instead of going to jail. For up to two years, you will have to pass drug tests, go to therapy, perform community service, pay any restitution or fees, or do any other rehabilitative behaviors ordered by the court. 

The greatest benefit of diversion programs is that, if completed successfully, you may be able to avoid criminal charges on your record. Diversion programs are often offered to first-time offenders who show a willingness to improve their behavior and stay out of the criminal justice system. If you do not complete the program, criminal charges will continue as before.  

Deferred Prosecution

In a deferred prosecution agreement, you will plead guilty to the charges against you, waive your right to a trial, and agree to complete a similar program as the diversion option. While the charges against you are not immediately dropped, after a period of six months to two years, your “deferred” prosecution will be addressed and the prosecutor can decide whether to drop or reduce charges. If you do not follow the court-ordered program, you will be sentenced according to your guilty plea. 

Meet with a Pewaukee Criminal Defense Lawyer

Being charged with a drug crime can be a frightening and overwhelming experience, especially if it is your first time dealing with Wisconsin’s justice system. But managing charges for a drug offense is much easier when you have the help of an experienced, passionate Pewaukee, WI criminal defense attorney who will fight for your rights. Ease your burden and learn more about our talented legal team by scheduling a free case review. Call us anytime at 262-232-6699. 

Sources: 

https://www.wisconsin.edu/uwsa/policies/state-of-wisconsin-and-federal-legal-sanctions-laws/ 

https://www.doj.state.wi.us/dci/tad-information