Can I Receive Probation for a Drug Possession Charge in Wisconsin?

 Posted on September 07, 2021 in Criminal Law

There are multiple types of drug crimes that a person may face, ranging from “simple” charges of drug possession to more serious offenses involving manufacturing or distributing controlled substances. Because these types of crimes are taken so seriously by law enforcement, a person who is arrested on drug charges may be concerned that they will face serious consequences, such as the requirement to pay large fines or serve a lengthy sentence in prison. Alleged offenders should be aware of the options for probation that may be available in some cases, and they will need to understand the rules and restrictions they may face if they receive this type of sentence.

Conditional Discharge for First-Time Drug Possession Offenses

If a person had not previously been convicted of any drug-related offenses, they may receive a sentence of conditional discharge following a guilty plea or verdict for a charge of possession or attempted possession of controlled substances. Conditional discharge is another term for probation. When sentencing a person to probation, a judge will determine an appropriate period for the sentence, which is usually between six months and three years. After completing probation, all charges against the person will be dismissed, and they will not have a criminal conviction on their record. Conditional discharge for drug possession charges is only available to a person once during their lifetime.

When sentencing a person to probation, a judge will impose certain terms and conditions that the person will be required to follow. Any violations of these terms and conditions may result in the court imposing the applicable penalties for the offense, and a conviction will remain on the person’s record. In drug possession cases, the terms of probation may include the requirement to receive treatment for substance abuse at an inpatient or outpatient treatment facility. Other rules that a person may be required to follow during probation include:

• Avoiding any criminal conduct or other activities that are not in the best interests of the person’s rehabilitation or the general public.

• Submitting to regular drug tests and searches of a person’s home, vehicle, computer, or cell phone.

• Obtaining approval from a probation officer before moving, changing jobs, traveling outside the state of Wisconsin, purchasing a vehicle, or taking out a loan.

• Making an effort to comply with the goals set by a probation officer and keeping the officer informed of the person’s whereabouts and activities.

• The requirement to pay a monthly fee for community supervision. This fee is based on the monthly income earned by a person (and their spouse, if they are married), and it may be $20, $40, or $60.

• Other restrictions may be imposed by the court or a probation officer, such as a curfew or the requirement to wear an electronic monitoring device.

Contact Our Brookfield Drug Crimes Defense Lawyers

If you have been arrested for drug possession, Bucher, Wolff & Sonderhouse, LLP can help you understand your best options for defense. We will help you determine whether the charges may be dismissed or reduced or whether you will be able to avoid spending time in prison by receiving a sentence of probation. To set up a free consultation and get the defense you need, contact our Waukesha drug possession defense attorneys at 262-232-6699.

Sources:

https://docs.legis.wisconsin.gov/document/statutes/961.47

https://doc.wi.gov/Pages/AboutDOC/CommunityCorrections/GeneralInformation.aspx

https://doc.wi.gov/Pages/AboutDOC/CommunityCorrections/SupervisionRules.aspx