Madison Drug Possession Lawyer & Wisconsin Drug Crime Defense Attorney

If you, your child, or another loved one has been charged with drug possession in Wisconsin, the next decision you make could determine their future. You need a Madison drug possession lawyer who will fight aggressively to protect your rights, your record, and your freedom. At Avena Law Office, I bring over a decade of criminal defense experience to every case — defending clients across Dane County and throughout Southern Wisconsin.

Wisconsin prosecutors often take a “tough on drugs” stance. They frequently pursue the harshest possible penalties, even in cases involving small amounts of controlled substances. As a seasoned Wisconsin drug crime attorney, I challenge those efforts head-on — examining every detail of your case to find weaknesses, rights violations, and opportunities for dismissal or reduction.

Don’t face the criminal justice system alone. Call (608) 271-2271 today for a FREE consultation with a proven Madison drug possession defense lawyer.

Understanding Drug Possession Charges in Wisconsin

Under Wisconsin Statute §961.41, possession of a controlled substance is a serious criminal offense. The penalties depend on the type and quantity of drug, whether you intended to distribute it, and whether you have prior convictions. Even a first offense can result in jail time, fines, and a permanent criminal record that can impact employment, housing, and education opportunities.

Common controlled substances that lead to possession charges include:

Marijuana (THC)
Cocaine
Heroin
Fentanyl
Methamphetamine (meth)
Prescription drugs such as oxycodone, Adderall, Xanax, or hydrocodone without a valid prescription

Even if you’re accused of a minor offense, the consequences can last a lifetime. As your drug defense lawyer in Madison, I work tirelessly to uncover every defense available and fight to keep your record clean.

Potential Penalties for Drug Possession in Wisconsin

Wisconsin drug possession penalties vary based on the specific controlled substance and prior convictions. Some examples include:

Marijuana (First Offense) — Misdemeanor; up to 6 months in jail and a fine up to $1,000.
Marijuana (Subsequent Offense) — Felony; up to 3.5 years in prison and a fine up to $10,000.
Cocaine, Heroin, Methamphetamine, or LSD — Felony; up to 3.5 years in prison and fines up to $10,000 for simple possession.
Possession of Prescription Drugs Without a Valid Prescription — Up to 1 year in jail and fines up to $5,000.

Repeat offenses or possession with intent to distribute can increase penalties dramatically — sometimes resulting in prison sentences of up to 6 years or more. However, first-time offenders may be eligible for diversion programs or conditional discharge options, which could lead to dismissal upon successful completion.

I’ll evaluate your eligibility for these alternatives and determine the most effective way to minimize or eliminate the impact of the charges against you.

Illegal Search, Seizure, and Constitutional Violations

Many drug possession charges in Wisconsin stem from unconstitutional searches or unlawful police procedures. If law enforcement found drugs during a traffic stop, vehicle search, or home entry without a valid warrant or probable cause, that evidence may be inadmissible in court. When that happens, your case could be dismissed entirely.

As your Madison drug crime lawyer, I will scrutinize every detail of the arrest — from how the stop occurred to how the evidence was collected — to ensure your constitutional rights were never violated. If they were, I’ll fight to have the charges reduced or dismissed.

For Parents of Those Charged with a Drug Crime

As a parent, learning your son or daughter has been arrested for drug possession can be terrifying. But there are legal options — and early intervention can make all the difference.

Before posting a large bond or speaking to law enforcement, call my office immediately. My first step is often to seek a bail reduction or release from custody so your loved one can return home. Then, I’ll develop a strategic defense plan tailored to the specific facts of the case.

I understand that good people can make bad decisions, especially when young. My goal is not to judge — it’s to protect your child’s record and their future. I offer affordable fees, fixed-fee representation for most cases, and flexible payment options, including credit cards.

Why Choose Avena Law Office?

✅ Over a decade of criminal defense experience in Wisconsin courts
✅ Aggressive defense for all drug crimes — possession, paraphernalia, and distribution
✅ Affordable, fixed-fee pricing — clear, predictable costs
✅ Bilingual representation — Se habla Español
✅ Serving Dane, Rock, Jefferson, Green, Columbia, and surrounding counties

I don’t judge clients — I fight for them. My mission is to protect your rights, your reputation, and your future with everything the law allows.

Contact a Madison Drug Possession Attorney Today

If you or your child has been charged with drug possession or any controlled substance offense, don’t wait to seek legal counsel. Call Avena Law Office today at (608) 271-2271 or use our secure contact form to schedule your FREE confidential consultation.

Avena Law Office — Defending clients accused of drug crimes in Madison, Fitchburg, Verona, Middleton, McFarland, Oregon, and throughout Southern Wisconsin.