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Bucher Law Group, LLC

Bucher Law Group, LLC - Blog Post

The heroin epidemic in Wisconsin is so bad that at the beginning of this year, Governor Scott Walker called on the government to take action. He called a special legislative session and noted that the heroin problem here is one that has to be attacked head-on.

One of the points that the governor called on the legislature to enact is a bill that would enable the legal system to forcibly commit a person into rehabilitation so they can get the help they need. Even though this seems like a good thing, it might be nothing more than a waste of taxpayer funds since most addicts won't get clean even with rehab until they are ready to get off the drugs.

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Being charged with a crime can be life-altering for Wisconsin residents. A criminal conviction can lead to serious penalties, such as fines and jail or prison time. Additionally, a defendant could suffer personal and professional consequences, because a criminal conviction could harm their reputation. Another way a criminal record could impact an individual is by impacting the ability to get an education.

Based on the terms associated with the U.S. Department of Education, students who have a criminal conviction on their record have a limited eligibility to receive federal student aid. This could be based on whether a student aid applicant has been incarcerated or the type of conviction they have on their record. If you are currently incarcerated, once you are released, most eligibility limitations are likely to be removed.

It is possible to apply for federal student aid before you are released so that the application can be processed in time for you to start school shortly after your release. It should be noted that for individuals incarcerated for a drug-related offense or an offense that caused you to be subject to an involuntary civil commitment for a sexual offense, eligibility might be limited.

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When motorists in Wisconsin are stopped by police officers, they expect to receive a warning or a traffic ticket. While this is the best-case scenario during a traffic stop, motorists could face far more serious charges and consequences if police officers suspect that a driver or their passengers have committed a crime. If a controlled substance is discovered in a vehicle either subject to a search or because it was in open sight, this could result in drug charges.

This is what recently occurred during a traffic stop in Oak Creek. Based on preliminary reports, the Oak Creek police pulled over a motorist for operating a vehicle with a suspended license. During this stop, officer allegedly found the driver to be in possession of marijuana, claiming that it was obviously detected.

Police officers pulled the driver over on the 1200 block of W. College Avenue just before 2 a.m. When the police officer walked up to the driver's side window to initiate the traffic stop, it was reported that the officer could detect a strong odor of marijuana coming form inside the vehicle. Upon further investigation, the officer reportedly found an orange "dime bag" padded container that was also holding a glass pipe, silver metal grinder and rolling papers. These were all located in a black purse on the rear passenger seat.

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Drug crimes can vary greatly due to the variety of drug types, the quantity in question and the suspected activity with the alleged drugs. While some drug crimes are known to be more serious than others, charges related to drug paraphernalia are often viewed as minor. Nonetheless, those accused of possessing drug paraphernalia should understand that they could still face drug charges that carry with them notable penalties. Thus, no matter how minor or severe a drug charge, defense options should always be considered.

What are the laws in Wisconsin regarding drug paraphernalia possession ? According to the Wisconsin state legislature, drug paraphernalia is all equipment, products and materials that are used, designed for use or primarily intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing a controlled substance into the human body.

When determining whether or not an object is in fact drug paraphernalia, a court will consider statements from the owner or anyone in control of the object, the proximity of the object with regards to time and space to the direct violation, the proximity of the object to a controlled substance, the existence of any residue of a controlled substance, direct or circumstantial evidence or any other relevant information.

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When you face drug charges, you could be looking at years of imprisonment, heavy fines and other penalties. It's very important that you have someone on your side to help you fight for your rights. Your attorney is there to assist you, and one of the things he or she will do is talk to you about your potential defense options.

In the case that you face charges for possessing drugs, you may wish to look into a number of different defenses. These are three that could work in your favor.

1. Challenge the location of the drugs

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