Criminal Defense Lawyers

Wisconsin Drug Trafficking Defense Lawyers – What You Need to Know Right Now

You Just Got Arrested for Drug Trafficking in Wisconsin—Now What?

Look. Your sitting in a holding cell right now, or maybe you just got released on bond and your hands are still shaking. The cops said you where trafficking drugs, but you thought this was just possession. You didnt even know what “trafficking” meant until they put the cuffs on. Now your facing years—maybe decades—in prison, and you cant even think straight.

Heres what actually happens in the first 48 hours after arrest. They take you to the county jail for booking. Fingerprints, photo, they take all your stuff. Your phone, your wallet, your keys—everything goes into a plastic bag. Then you go into a holding cell. And wait.

Most people think they get there phone call right away, like on TV. Wrong. In alot of Wisconsin counties, you might wait 4, 6, sometimes 12 hours before you can call anyone. And heres the thing—whatever you said to the cops during those first hours? They wrote it down. Every word. “I was just holding it for a friend” sounds like your helping yourself, but you just admitted possession. “I didnt know how much was in there” means you knew SOMETHING was in there. You see the problem?

Within 48 hours, they have to bring you before a judge. This is called your initial appearance. The judge reads the charges, sets bond, and appoints a public defender if you cant afford a lawyer (which is most people). Bond for drug trafficking? Could be $5,000. Could be fifty thousand dollars. Could be no bond at all if they think your a flight risk.

But wait, this is important—the cops probably told you that “cooperating” would go easier on you. They said if you tell them who you got the drugs from, they’ll “put in a good word” with the prosecutor. This is a trap. The cops dont make charging decisions. The prosecutor does. And anything you say to cooperate becomes evidence against you if you change you’re mind later. I’ve seen alot of people talk theirselves into worse charges by “cooperating” without a lawyer present.

Seriously. The first 48 hours determine everything. If you already talked, you cant take it back. But you can stop making it worse. Thats where a defense lawyer comes in—they stop the bleeding before your case becomes impossible to defend.

Wait, How Is This Trafficking? I Thought It Was Just Possession

This is probly the most common question. You had some drugs on you, maybe for personal use, and suddenly your charged with trafficking. How does that even happen?

It comes down to quantity and intent. Wisconsin law draws a line based off how much you had. For cocaine, heroin, and methamphetamine, that line is 3 grams. Thats right—3.01 grams can mean trafficking charges, while 2.99 grams might just be possession. Its not about what you planned to do with it. Its about what the law assumes your doing based on the amount.

Here’s the math: Cocaine trafficking starts at 5 grams under Wisconsin Statute § 961.41(1)(cm). But possession with intent to distribute can kick in at just 3 grams if they have other evidence. What evidence? Glad you asked.

They look at packaging. If you have ten grams in one bag, maybe thats personal use (if you have a serious addiction, anyway). But ten grams divided into ten separate baggies? Thats trafficking evidence. Add a digital scale, and now they’ll say you where weighing out individual sales. Add $800 in cash in your pocket, and they’ll call it drug proceeds. Add text messages saying “you got that?” or “can you meet up?”—congrats, thats conspiracy to distribute.

Most people dont realize there not charged based on what they did. There charged based on what prosecutors think they might have done given the circumstances. You could of had 50 grams of meth for personal use over several months. But the prosecutor will argue no one keeps that much for themselves—you must of been selling it. And a jury might believe them irregardless of the truth.

The difference matters. Simple possession might get you probation and treatment. Trafficking gets you years in prison. Same drugs, same person, different interpretation of intent. This is why you need a lawyer who knows how to fight the “intent to distribute” narrative before it becomes your whole case.

How Much Prison Time Are You Actually Facing?

Okay, so lets talk about what your actually looking at here. No vague “serious penalties” bullshit. Real numbers. Prison years. Dollar amounts. Statute citations. Because you need to know what your facing, not some generic warning about how “drug crimes are serious.”

Wisconsin Statute § 961.41 breaks down drug trafficking penalties by drug type and quantity. Heres the reality:

Cocaine trafficking:

• 5 to 15 grams: Class F felony, up to 12.5 years, $25,000 fine
• 15 to 40 grams: Class E felony, up to 15 years, $50,000 fine
• More then 40 grams: Class D felony, up to 25 years, $100,000 fine

Heroin and fentanyl trafficking:

• 3-10 grams: Class F felony (12.5 years max, $25,000 fine)
• 10-50 grams: Class E felony (15 years, $50,000)
• Over 50 grams: Class C felony (40 years, $100,000)

Methamphetamine trafficking:

• 3 to ten grams: Class F (12.5 years, $25,000)
• 10-50 grams: Class E (15 years, $50,000)
• Over 50 grams: Class C (40 years, one hundred thousand dollars)

Marijuana trafficking:

• 200-1,000 grams: Class I felony, up to 3.5 years, $10,000
• 1,000-2,500 grams: Class H, up to 6 years, $10k
• 2,500-10,000 grams: Class G, up to 10 years, $25,000
• More than ten thousand grams: Class F, 12.5 years, $25,000

Notice the ranges? These arent mandatory sentences. There maximums. A judge has discretion within the range, based on your criminal history, whether anyone got hurt, whether you cooperated, and about fifty other factors. But make no mistake—these are the ceilings. Fifty grams of meth means you could get forty years. Not “might.” Could.

And then theres school zones. Wisconsin Statute § 961.49 adds a mandatory minimum of 5 years if you where arrested within 1,000 feet of a school, park, public pool, youth center, or even a school bus route. In Milwaukee, about 70% of the city falls within a school zone. You dont need to know the school was their. You dont need to see children. The prosecutor just measures the distance on a map, and boom—your sentence just doubled.

Real example: Guy gets arrested at his apartment for trafficking 25 grams of cocaine. Class D felony, max 25 years. But there’s an elementary school 950 feet away. School zone enhancement applies. Now the mandatory minimum is 5 years (he’s gotta serve that no matter what), and the maximum becomes 50 years. He didnt even know the school was there. Didnt matter.

Bottom line: Your looking at real prison time. Not probation. Not a slap on the wrist. Years. Unless you can get the charges reduced, get evidence suppressed, or negotiate a treatment program instead. Thats what a defense lawyer does—they find the way to turn “25 years max” into “3 years with treatment” or “charges dismissed.” It happens. But not if you do nothing.

Is This a State Case or Federal Case? (And Why Does It Matter?)

Heres the deal: Not all drug trafficking cases are created equal. Some get prosecuted in Wisconsin state court. Others end up in federal court. And if your case goes federal, your in a whole different level of trouble.

What triggers federal prosecution? Several things:

Quantity thresholds. Federal prosecutors look at these minimums: 500 grams or more of cocaine. 100 grams or more of heroin. 50 grams or more of methamphetamine (or 500 grams of meth mixture). Five kilograms or more of marijuana (thought that rarely gets federally prosecuted anymore unless its part of a bigger operation). If your over those numbers, the feds might take the case.

Interstate commerce. Did you cross state lines? Even driving from Milwaukee to the Illinois border with drugs in your car can trigger federal jurisdiction. Mail drugs through USPS or FedEx? Federal. Buy drugs online and have them shipped? Federal. The second it involves interstate commerce, your in federal territory.

Firearms. If they find a gun anywhere in your house during a drug arrest, even if its unloaded in a different room, the feds can add firearms charges and take over the whole case. Federal law prohibits drug trafficking while possessing a firearm, and that adds mandatory time onto any sentence.

Conspiracy. If five or more people are involved in the drug operation, federal prosecutors love to bring conspiracy charges. Even if you where just a small player, conspiracy makes everyone in the group liable for the total amount of drugs moved by the whole operation. You moved 10 grams personally, but your “co-conspirators” moved 500 grams? You get charged for 500 grams.

Why does federal court matter? Because federal sentences are brutal. The average federal drug trafficking sentence in 2024 was 77 months—thats over six years. State court averages 36 months. Thats less then half. And heres the kicker: federal defendants serve 85% of there sentence minimum. Theres no parole in federal court. You get 10 years, you serve 8.5 years. In state court, you might serve 3-4 years of a 10-year sentence with good behavior.

Federal sentencing guidelines are also way more rigid. Judges have less discretion. Mandatory minimums are strictly enforced. In state court, a judge might look at your situation and say, “This person needs treatment, not prison.” In federal court, the judge might agree with you but still have to give you 10 years because the statute requires it.

So if your case is federal, you need a lawyer with federal court experience. State court lawyers dont always know the federal system, and that can be the difference between 3 years and 15 years. Seriously.

What Evidence Do They Actually Have Against You?

Look. Prosecutors dont just charge people for trafficking based on a hunch. They need evidence. The question is: How strong is there evidence? Because not all evidence is created equal, and alot of trafficking cases fall apart when you start picking at the details.

To convict you of drug trafficking, the state has to prove intent to distribute. Not just possession—intent. That means they need evidence showing you planned to sell, deliver, or distribute the drugs. Heres what prosecutors look for:

Strong evidence (this is hard to fight):

• Large quantity (like 100+ pills or 50+ grams)
• Multiple baggies or individual packaging
• Digital scale wiht residue
• Large amounts of cash ($1,000 or more)
• Text messages using drug language (“Got that fire,” “You good for tonight?”)
• Customer list saved in your phone
• Surveillance video showing multiple short visits to your place

Weak evidence (you can fight this):

• Quantity alone with no other factors
• Drugs found in a house with multiple people (whose drugs are they really?)
• No scale, no packaging materials, no baggies
• No unexplained cash
• No communications indicating sales or distribution

Heres a real scenario: Police find 30 grams of meth in your apartment. Thats a trafficking quantity. But the meth is in one container, theres no scale, no baggies, no cash, and no text messages about selling. Your lawyer can argue personal use by someone with a serious addiction. Its still a possession charge (probly a felony), but its not trafficking. That could be the difference between 15 years max and 3 years max.

Another scenario: Police raid a house where you sometimes stay. They find drugs in a bedroom closet. But three people live there. Who’s drugs are they? If the state cant prove the drugs belonged to you specifically, they cant convict you of possession, let alone trafficking. This is called “constructive possession,” and its one of the weakest types of evidence if your lawyer knows how to challenge it.

Confidential informants are another big issue. Alot of trafficking cases start with a CI doing a controlled buy. The CI texts you, asks to buy drugs, you meet up, they buy from you while wearing a wire. Sounds solid, right? But heres the thing—CIs are often criminals themselves, working off there own charges. They have motive to lie or exaggerate. If your lawyer can show the CI is unreliable or that police didnt follow proper procedures, the whole case can collapse.

actualy let me back up because this is important. Evidence isnt just about what they found. Its about how they found it. If the search was illegal, the evidence gets suppressed. Thats thrown out. Cant be used at trial. And without that evidence, the state might have no case at all. Which brings us to the next section.

Can They Search Your Car/House Without a Warrant?

Fourth Amendment. Thats the one that protects you from illegal searches. Police cant just search your car, your house, or your person without a warrant or a valid exception. Problem is, there are alot of “exceptions,” and cops use them all the time—sometimes illegally.

Heres when police do need a warrant:

• Searching your home
• Searching your car if its parked and your not in it
• Searching closed containers (like a backpack or a locked glovebox)
• Going through your phone

Heres when they dont need a warrant:

• Consent. If you say “yes” when they ask to search, they dont need a warrant. Never, ever consent to a search. Doesnt matter if you think you have nothing to hide. Say “I do not consent to a search.” Thats it.
• Plain view. If the cop sees drugs or a weapon in plain view (like on your passenger seat), they can seize it without a warrant.
• Search incident to arrest. If your under arrest, they can search you and the area immediately around you for weapons or evidence.
• Automobile exception. If a cop has probable cause to believe theres evidence of a crime in your car, they can search it without a warrant. This is the big one in drug cases.
• Exigent circumstances. If police think evidence is about to be destroyed (like flushing drugs down the toilet), they can enter without a warrant.

The automobile exception is where most illegal searches happen. Cop pulls you over for a broken taillight. Says “I smell marijuana.” Searches your whole car and finds a bag of cocaine in the trunk. Charges you with trafficking. But did he really smell marijuana? Or did he just say that to justify the search? Your lawyer can challenge this in a motion to suppress.

A motion to suppress argues that the search was illegal and the evidence should be thrown out. If the judge agrees, the prosecution cant use the drugs as evidence. Without the drugs, they have no case. Charges dismissed. This happens more then you think.

Real example: Client gets pulled over for “failing to signal.” Cop asks to search the car, client says no. Cop says he smells weed and searches anyway. Finds 40 grams of meth in a backpack. Lawyer files motion to suppress, argues the “smell of marijuana” was a pretext and the cop had no real probable cause. Judge agrees. Evidence suppressed. Case dismissed. Client walks.

Another example: Police get a warrant to search a house for stolen property. While searching, they open a safe and find drugs inside. But the warrant only authorized searching for stolen goods, not drugs. And the safe wasnt a place where stolen TVs would be stored. Lawyer argues the search exceeded the scope of the warrant. Judge suppresses the drugs. Trafficking charges dropped.

The Fourth Amendment is your best defense in alot of trafficking cases. But you need a lawyer who knows how to use it. Public defenders are often too busy to file these motions. Private attorneys have the time to dig into the details of the search and find the violations. Thats the difference.

What’s This School Zone Enhancement Everyone Keeps Mentioning?

So youve been hearing about “school zone” enhancements and your freaking out. Good. You should be freaking out. Because this is one of the most unfair laws on the books, and it can double your sentence even if you had no idea a school was nearby.

Wisconsin Statute § 961.49 says that if you commit a drug trafficking offense within 1,000 feet of a school, park, public pool, youth center, or school bus, you face enhanced penalties. And by “enhanced,” I mean:

• Mandatory minimum of 5 years in prison
• Maximum sentence doubled (so 15 years becomes 30 years)

Heres the kicker: You dont need to know the school was there. You dont need to see any children. You dont even need to commit the offense during school hours. The prosecutor just pulls up a map, measures the distance from where you got arrested to the nearest school or park, and if its under 1,000 feet, your sentence just doubled. Permanent.

In cities like Milwaukee, Madison, and Green Bay, about 70% of the city falls within a school zone. Parks are everywhere. Schools are everywhere. That means 7 out of 10 arrests in those cities trigger the enhancement. Its basically a sentencing multiplier that applies to almost everyone.

Real example: Guy gets arrested at his apartment for trafficking 20 grams of cocaine. Class D felony, max 25 years. Prosecutor measures distance to the nearest elementary school: 950 feet. School zone applies. Now he faces a mandatory minimum of 5 years (meaning the judge has to give him at least 5 years, no matter what), and the maximum sentence becomes 50 years. He had no idea the school was there. He’d never been to that school. Didnt matter.

There are defenses, though. If the prosecutor cant prove you where within 1,000 feet, the enhancement doesnt apply. Sometimes the state’s measurements are wrong. Sometimes they measure from the wrong property line. Your lawyer can challenge the distance calculation and potentially get the enhancement thrown out. But you need a lawyer who knows to look for this stuff. Public defenders dont always catch it because there overwhelmed with cases.

More on this later… actualy, no, I should probly cover it now. If your charged with a school zone enhancement, your lawyer should immediately get a surveyor or investigator to measure the exact distance. If the prosecutor is even one foot off and your at 1,001 feet instead of 999 feet, the enhancement doesnt apply. That could save you 10, 15, even 20 years. Worth the cost of a surveyor, dont you think?

Should You Take a Plea Deal or Go to Trial?

Okay, so heres the reality: About 97% of criminal cases end in plea deals. Less then 3% go to trial. Why? Because trials are risky, expensive, and time-consuming. But that doesnt mean you should take the first plea offer the prosecutor throws at you. Sometimes the offer is garbage, and your better off pushing back or even going to trial.

Plea deals make sense when: The evidence against you is strong. You where caught red-handed with drugs, scale, baggies, text messages, and the search was legal. Your not gonna win at trial. In that case, a plea deal might reduce your sentence from 15 years to 5 years. Thats worth taking.

You have no viable defenses. If there are no Fourth Amendment violations, no chain of custody problems, no issues with the evidence, then your chances at trial are low. A plea deal gives you certainty. You know what your getting. At trial, you might get acquitted, but you might also get the maximum sentence. Its a gamble.

The prosecutor offers treatment instead of prison. If your eligible for Drug Court or a deferred prosecution agreement, take it. These programs let you avoid a conviction if you complete treatment. Thats huge. A conviction follows you for life. No conviction means you can move on.

Plea deals dont make sense when: The state has weak evidence. If there case relies on a shaky confidential informant or an illegal search, dont fold. Push back. Make them prove it. Alot of prosecutors will drop charges or offer better deals if they know you’ll fight.

Your facing school zone enhancements you can challenge. If the distance measurement is questionable, dont plead guilty to the enhancement. Make them prove it. If they cant, you just cut your sentence in half.

The offer is basically the same as trial risk. If the prosecutor offers 10 years and you’d probly get 10 years at trial anyway, why plead guilty? Make them work for it. Sometimes they’ll come back with a better offer when trial gets close and they realize how much work its gonna be.

Heres the thing about leverage: You have the most leverage early in the case, before the preliminary hearing. Thats when the prosecutor hasnt fully built there case yet. They dont wanna invest months of work if you’ll take a reasonable deal now. So the best plea deals happen in the first 30 to 60 days. After that, the prosecutor is invested. There less likely to negotiate.

You have the least leverage the week before trial. By then, the prosecutor has subpoenaed witnesses, prepared exhibits, done all the work. There not backing down now. If your gonna take a plea, do it early. If your gonna fight, fight all the way to trial. Dont wait until the last minute and then try to negotiate. Judges hate that, and you’ll get a worse deal.

I know what your thinking: “How do I know if the plea offer is good?” You ask your lawyer. A good lawyer knows what cases like yours typically resolve for. They know the prosecutors and judges. They can tell you if the offer is reasonable or if you should push for better. Dont make this decision alone.

What Are These Alternative Sentencing Programs?

So heres some good news: Not everyone convicted of drug trafficking goes to prison. Wisconsin has several alternative sentencing programs designed to get people treatment instead of locking them up. If you qualify, these programs can mean the difference between years in prison and getting your life back.

Wisconsin Drug Treatment Court. This is available in 42 counties across the state. Heres how it works: You plead guilty or no contest to the charges. Instead of sentencing you to prison, the judge puts you in Drug Court. You have to complete a 12 to 24 month program that includes:

• Weekly court appearances before the same judge
• Twice-weekly random drug testing
• Substance abuse treatment (inpatient or outpatient)
• Job training and employment requirements
• Regular home visits by a case manager

If you complete the program, your charges get dismissed or significantly reduced. If you fail out (miss drug tests, skip court, get rearrested), you get sentenced on the original charges. About 70% of people complete the program. Thats actualy pretty good.

Graduates have a 65% lower recidivism rate then people who just go to prison. Why? Because they got treatment for the addiction. They got job training. They built a relationship with the judge who saw them every week for a year. Prison just locks you up and spits you out. Drug Court tries to fix the problem.

Deferred Prosecution Agreement (DPA). This is probly the best option if you can get it. A DPA means the prosecutor agrees to hold off on prosecuting you for 12-24 months. You have to complete certain conditions—usually drug treatment, community service, staying out of trouble. If you complete the conditions, the charges get dismissed entirely. No conviction. No criminal record (for that charge, anyways).

DPAs are typically offered to first-time offenders or people with very minor trafficking charges. If you have a long criminal history, you probly wont qualify. But if this is your first serious offense, push for a DPA. Its worth it.

Treatment Alternative and Diversion (TAD) Program. This is similar to Drug Court but less intensive. You complete treatment, and the charges get reduced or dismissed. TAD participants have a 65% lower recidivism rate compared to people who go through traditional sentencing. Not everyone qualifies—you cant have prior violent felonies, and you need a drug addiction diagnosis.

Heres the catch wiht all these programs: You need a lawyer to negotiate them. Prosecutors dont just offer these programs to everyone. Your lawyer has to argue that your a good candidate, that treatment makes more sense then prison, that your not a danger to the community. Public defenders try, but they dont always have the time to build that case. Private attorneys can really dig into your background and present you as someone worth giving a second chance.

Can You Get This Charge Reduced or Dismissed?

Alright, lets be real. Can you actually get drug trafficking charges reduced or dismissed? Or is that just lawyer marketing bullshit?

It happens. All the time. But it depends on the facts of your case, the strength of the evidence, and whether your lawyer knows what there doing. Heres the common defenses that actually work:

Fourth Amendment violations (illegal search). If the cops searched your car, house, or person without a warrant or valid exception, the evidence gets suppressed. No evidence, no case. Charges dismissed. This is the most common way to beat trafficking charges. I’ve seen alot of people walk because the cop claimed he “smelled weed” when he didnt, or searched a trunk without probable cause, or exceeded the scope of a warrant.

Lack of knowledge. If you didnt know the drugs where there, you cant be guilty of possession or trafficking. Example: Your friend borrows your car and leaves drugs in the trunk. Cops find it during a traffic stop and charge you with trafficking. But you didnt know the drugs where there. Your lawyer can argue lack of knowledge, and if the state cant prove you knew, the charges get dismissed.

Lack of possession. If the drugs where found in a shared space (apartment with roommates, car with multiple passengers), the state has to prove the drugs belonged to you specifically. This is called “constructive possession,” and its hard to prove. If your lawyer can create reasonable doubt about who’s drugs they where, you get acquitted.

Confidential informant credibility issues. If the case is based on a CI’s testimony, your lawyer can attack the CI’s credibility. Are they a convicted felon? Are they being paid for there cooperation? Did they lie in other cases? If the CI is unreliable, the jury might not believe them, and you walk.

Lab testing challenges. Sometimes the substance isnt what the cops think it is. The field test says its cocaine, but the lab test says its baking soda. Or the lab screws up the testing procedure. Or the chain of custody is broken (meaning they cant prove the substance tested is the same substance seized from you). These challenges can get charges reduced or dismissed.

Entrapment. If the cops or a CI pressured you into committing a crime you wouldnt have committed otherwise, thats entrapment. This is rare, but it happens. Example: CI keeps begging you to sell them drugs, you keep saying no, they offer you money when your desperate, and you finally give in. Your lawyer can argue entrapment.

Real example: Client charged with trafficking 50 grams of meth. Cops found it during a traffic stop. Lawyer files motion to suppress, arguing the cop didnt have probable cause to search the car. Judge agrees. Evidence suppressed. Case dismissed. Client walks free.

Another example: Client charged with trafficking because cops found drugs in his apartment. But two other people lived there, and the drugs where in a common area. Lawyer argues the state cant prove who’s drugs they where. Jury finds reasonable doubt. Not guilty.

Third example: Client charged based on CI testimony. Lawyer digs into the CI’s background, finds out the CI was paid $5,000 to set people up and had lied in three previous cases. Jury doesnt believe the CI. Not guilty.

Can charges be reduced? Absolutely. Even if you cant get the case dismissed, your lawyer can negotiate reductions. Trafficking reduced to possession. Felony reduced to misdemeanor. 15 years reduced to 3 years with treatment. It happens all the time. But not if you dont fight.

What Happens If You Lose Your Job Over This?

Lets talk about the collateral consequences. Thats the legal term for all the ways a drug trafficking conviction screws up your life beyond the prison sentence. Most people dont think about this until its to late.

Professional licenses. If your a nurse, teacher, CDL driver, lawyer, real estate agent, or insurance agent, your license is in jeopardy. Most licensing boards have “moral character” requirements, and a drug trafficking conviction violates those. For nurses, even an arrest (before conviction) can trigger a license suspension. For CDL drivers, a drug trafficking conviction is a lifetime ban under federal law. No more driving trucks. Ever.

Employment background checks. Felony convictions show up on background checks. Alot of employers wont hire you with a trafficking conviction. Some will, but your options are limited. And if you have a job now, you might lose it once they find out about the charge. Most employment contracts have clauses about criminal convictions.

Public housing. Drug trafficking convictions make you ineligible for public housing. If your in public housing now, you’ll get evicted. If you need public housing later, you cant get it. Private landlords also run background checks, and alot of them wont rent to people with drug convictions.

Student loans and financial aid. Under federal law (20 USC § 1091), a drug trafficking conviction makes you ineligible for federal student loans and grants. The suspension period is 2 years for a first offense, indefinite for a second offense. You can regain eligibility if you complete an approved drug rehab program, but thats extra time and money. If your in college now, you might have to drop out because you cant pay for it.

Immigration consequences. If your not a U.S. citizen, a drug trafficking conviction is catastrophic. Its classified as an “aggravated felony” under federal immigration law, which triggers mandatory deportation. Even if your a legal permanent resident (green card holder), you’ll be deported. Even if youve lived here for 30 years. Even if your family is here. Theres no judge discretion. Deportation is automatic.

Child custody. If your in a custody dispute, a drug trafficking conviction creates a rebuttable presumption that your not a fit parent. That means the judge assumes you shouldnt have custody unless you can prove otherwise. Its really hard to overcome that presumption. Alot of people lose custody of there kids because of trafficking convictions.

Gun rights. Federal law prohibits anyone convicted of a felony from owning or possessing firearms. Lifetime ban. If you hunt, if you collect guns, if you just like having a gun for home defense—too bad. Its gone. Forever.

These consequences are why its so important to fight the charges or negotiate a reduction. A misdemeanor conviction has way fewer collateral consequences then a felony. A deferred prosecution agreement (charges dismissed after treatment) has zero collateral consequences because theres no conviction. Your lawyer should be thinking about these issues, not just the prison sentence.

How Much Is This Going to Cost?

Lets talk money. Because I know thats what your thinking. “I cant afford a lawyer. Ill just use the public defender.” Okay, but do you know what that actually means?

Public defenders are free if you qualify (based on income). But heres the reality: Public defenders in Wisconsin handle an average of 150 to 200 cases at a time. Thats not there fault—there just massively overworked and underfunded. They might spend 2 or 3 hours total on your case. They dont have time to investigate, hire experts, or file complex motions. There gonna push you to take a plea deal because they dont have time to go to trial.

Are public defenders bad lawyers? No. Alot of them are great lawyers who care about there clients. But there drowning in cases. They cant give you the attention your case needs. Thats just the reality.

Private attorneys cost money. Heres the typical range:

• State drug trafficking case: $5,000 to $25,000
• Federal drug trafficking case: $25,000 to $100,000

Why so much? Because defending a trafficking case takes time. Your lawyer has to review discovery, interview witnesses, file motions, negotiate with prosecutors, prepare for trial. Were talking 50 to 200 hours of work, depending on the complexity. Plus investigators, expert witnesses, lab testing—all that costs money.

Most private attorneys offer payment plans. You pay a retainer up front (maybe $5,000), then pay the rest in monthly installments. Some take credit cards. Some work with family members who can help pay. The point is, you dont need $25,000 in cash on day one. You just need to start.

Now lets talk about the cost of a conviction. Because thats the real number you should be thinking about:

• Lifetime lost earnings: Studies show a felony conviction reduces lifetime earnings by an average of $250,000. Thats quarter of a million dollars you wont make because of the conviction on your record.
• Fines and restitution: $10,000 to $100,000 depending on the charge.
• Court costs: $500 to $2,000.
• Probation fees: $40 per month for 3-5 years = $1,440 to $2,400.
• Drug testing during probation: $15 per test, twice a week, for 3 years = $4,680.
• Treatment program costs: $5,000 to $15,000.
• Lost wages during incarceration: If you make $35,000 a year and you go to prison for 5 years, thats $175,000 in lost wages.

Total cost of a conviction: $300,000 to $500,000 or more.

Now compare that to the cost of a lawyer: $25,000. Even if the lawyer only gets your sentence reduced by 2 years (from 5 years to 3 years), you just saved $70,000 in lost wages alone. Plus the reduced lifetime earning impact. Plus the possibility of getting the charges dismissed entirely.

The lawyer isnt a cost. The conviction is the cost. The lawyer is how you reduce the cost. You see the difference?

What’s the Timeline from Arrest to Resolution?

So you wanna know how long this is gonna take. Fair question. Heres the typical timeline for a drug trafficking case in Wisconsin:

Hour 0-48: Arrest, booking, initial appearance. You go before a judge within 48 hours. Judge sets bond and reads the charges.

Day 10: Arraignment. You enter a plea (usually “not guilty” at this stage). Judge sets deadlines for discovery and motions.

Day 20: Preliminary hearing (for felonies). The state has to show theres probable cause to believe you committed the crime. This is a low bar—they almost always win. But your lawyer can cross-examine witnesses and start building the defense.

Days 30-90: Discovery period. The prosecutor has to turn over all evidence: police reports, lab results, witness statements, videos, everything. Your lawyer reviews it all and looks for problems.

Days 60-120: Motion deadlines. Your lawyer files motions to suppress evidence, dismiss charges, or exclude certain testimony. The judge holds hearings and makes rulings. This is where cases get won or lost.

Months 3-6: Plea negotiations. Most cases resolve during this period. Your lawyer negotiates with the prosecutor to reduce the charges or recommend a lower sentence.

Months 6-12: Trial (if no plea deal). Jury selection, opening statements, witnesses, closing arguments, verdict. Trials typically last 2 to 5 days for trafficking cases.

Post-conviction: If your convicted, sentencing happens 4-6 weeks later. Then you can appeal, which takes another 12-18 months.

So from arrest to resolution, your looking at 6 to 12 months for most cases. Federal cases take longer—12 to 24 months. Complex conspiracy cases can take 2 or 3 years.

Why does it take so long? Because the system is slow. Courts are backlogged. Prosecutors are busy. Defense attorneys are busy. Everyone has 100 other cases. It sucks, but thats the reality.

The good news is, if your out on bond, you can work and live your life while the case is pending. The bad news is, the uncertainty hangs over you for months. Its stressful. But thats why you need a lawyer who can move the case forward and get you the best resolution as fast as possible.

Should You Cooperate With Police to Get a Better Deal?

Real talk: The cops said if you “cooperate,” theyll “put in a good word” and things will “go easier” for you. Sounds great, right? Wrong. This is probly the most dangerous decision you can make, and most people do it without understanding what there actually agreeing to.

When cops say “cooperate,” heres what they mean:

• Become a confidential informant (CI)
• Set up controlled buys of your friends or dealers
• Wear a wire in dangerous situations
• Testify in someone else’s trial

And heres what they dont tell you:

• The prosecutor makes charging decisions, not the cops. The cops can “recommend” whatever they want, but the prosecutor doesnt have to listen.
• Your cooperation statement can be used against you if you later decide to stop cooperating. Anything you tell them is admissible in court.
• Theres no guaranteed sentence reduction. You might cooperate for months, set up 10 people, and still get 15 years.
• Being a CI is dangerous. People get hurt. People get killed. Especially if your dealing with serious traffickers.

When does cooperation make sense? In very specific situations:

• Your clearly guilty with no viable defenses (caught red-handed, legal search, overwhelming evidence).
• You have information about major traffickers, not just other users or small-time dealers.
• Your in federal court where cooperation can reduce mandatory minimums under the “safety valve” provision.
• The prosecutor offers a written cooperation agreement that specifies exactly what you have to do and what you get in return.

When should you NEVER cooperate?

• Before talking to a lawyer. Never, ever agree to cooperate before consulting a lawyer. The cops will pressure you (“This offer expires in 10 minutes!”). Ignore them. Get a lawyer first.
• Immediately after arrest when your under duress. Your not thinking clearly. Your scared. Your vulnerable. Thats when cops get people to say things they regret.
• Without a written agreement. If the prosecutor wont put it in writing, dont do it. Verbal promises mean nothing.
• When you have a viable Fourth Amendment defense. If the search was illegal, you might beat the case entirely. Why cooperate when you could win?

Real example: Client arrested with 100 grams of meth. Cops tell him if he sets up his supplier, theyll “help him out.” He agrees, does three controlled buys, wears a wire, testifies at trial. The supplier gets 20 years. The client? He gets 12 years. The prosecutor said cooperation was “considered,” but the quantity was just too high. The client risked his life setting up a dangerous guy, and he still got a decade in prison.

Another example: Client arrested with drugs. Cops pressure him to cooperate immediately. He tells them everything, names everyone he knows. Then he talks to a lawyer. The lawyer says the search was illegal and could of been suppressed. Too late—the client already gave a confession that can be used against him. He pled guilty and got 5 years when he might have beaten the case.

Bottom line: Cooperation can work, but only in the right circumstances and only with a written agreement negotiated by your lawyer. Never, ever cooperate without talking to a lawyer first. I cant stress this enough.

Public Defender or Private Attorney—What’s the Difference?

Okay, so you’ve been appointed a public defender. Is that good enough? Or do you need to scrape together money for a private attorney? Heres the honest answer.

Public defenders are licensed attorneys, just like private attorneys. There not worse lawyers. In fact, alot of public defenders are excellent trial lawyers with tons of experiance. The problem isnt there skill. The problem is there caseload.

The average public defender in Wisconsin handles 150-200 cases at once. Thats misdemeanors, felonies, drug cases, assaults, everything. They physically cannot give each case the attention it needs. Your public defender might spend 2 hours total on your case before pushing you to take a plea. Not because they dont care, but because they have 149 other clients waiting.

Public defenders also dont have resources. They dont have investigators to track down witnesses. They dont have money to hire expert witnesses (like chemists to challenge lab results). They dont have time to file complex motions. There working wiht bare-bones resources and impossible caseloads.

Private attorneys have smaller caseloads. A private criminal defense attorney might handle 20-30 active cases, not 150. That means they can spend 10, 20, 50 hours on your case. They can hire an investigator to interview witnesses. They can hire a chemist to challenge the lab results. They can file motions to suppress evidence and actually show up to argue them.

Private attorneys also have relationships. They know the prosecutors. They know the judges. They know what deals are possible and what arguments work in that courthouse. Public defenders have those relationships too, but there so overwhelmed they cant leverage them as effectively.

When is a public defender good enough? If your case is simple (small amount, first offense, weak evidence) and the prosecutor offers a reasonable plea deal early, a public defender can probly handle it. If your just taking a plea and moving on, you dont necessarily need a private attorney.

When do you need a private attorney? If your facing serious time (10+ years), if the evidence is complicated, if you have defenses that need investigation, if your going to trial—you need a private attorney. This is your life. You dont want someone whos handling 150 other cases at the same time.

Alot of people cant afford a private attorney. I get it. But most private attorneys offer payment plans. You pay $2,000 upfront, then $500 a month for a year. Your family helps. You borrow from friends. You sell stuff. You find a way. Because the difference between a public defender and a private attorney could be the difference between 3 years and 15 years.

If you absolutely cant afford a private attorney, make sure your public defender knows your serious about fighting. Tell them you want to go to trial if necessary. Tell them you want all motions filed. Public defenders respect clients who are engaged and informed. They’ll work harder for you if they know your paying attention.

What If You’re Not a U.S. Citizen?

If your not a U.S. citizen, listen to me very carefully: A drug trafficking conviction will get you deported. Automatically. No exceptions. No judge discretion. Doesnt matter if you have a green card. Doesnt matter if youve lived here for 30 years. Doesnt matter if your family is here. Drug trafficking is classified as an “aggravated felony” under federal immigration law, and aggravated felonies trigger mandatory deportation.

This applies even if you get probation with no jail time. The conviction itself is enough. Your removed from the United States and barred from ever coming back. Permanent.

If your not a citizen, you cannot plead guilty to drug trafficking without understanding the immigration consequences. Your criminal defense lawyer has a duty to tell you about this (its required under Supreme Court case law), but alot of lawyers dont fully understand immigration law. You need to talk to an immigration attorney before taking any plea deal.

Sometimes your criminal defense lawyer can negotiate a plea to a different charge that doesnt trigger deportation. For example, simple possession might not be an aggravated felony (depending on the circumstances), so pleading down to possession instead of trafficking could save you from deportation. But you need a lawyer who knows immigration law to navigate this.

If your already a legal permanent resident, you have more to loose then a U.S. citizen. A citizen just faces prison time. You face prison time and deportation. Thats why its even more critical to fight the charges or negotiate a reduction.

If your undocumented, your probly terrified to even talk to a lawyer. But you need to. A criminal conviction makes deportation almost certain. Fighting the charges is your only chance to stay in the country.

Can You Travel While This Case Is Pending?

Short answer: Probly not. When you get released on bond, the judge sets conditions. One of those conditions is usually “no travel outside of Wisconsin without court permission.” If you leave the state without permission, thats a bond violation. They issue a bench warrant for your arrest. When you come back, your arrested again, and this time you might not get bond at all.

Can you get permission to travel? Maybe. If you have a legitimate reason (work, family emergency), your lawyer can file a motion asking the judge to allow travel. Sometimes judges say yes. Sometimes they say no. It depends on the judge, the charges, and your criminal history.

What about traveling within Wisconsin? Thats usually fine, as long as your not trying to flee. But read your bond conditions carefully. Some judges restrict travel to certain counties or require you to check in with a pretrial services officer.

What if you miss a court date because your traveling? Big problem. Missing a court date is a bond violation. Bench warrant issued. Your arrested. Bond revoked. You sit in jail until trial. Dont miss court. Ever. If you cant make it for some reason, have your lawyer notify the court immediately and ask for a continuance.

What about international travel? Forget it. If your charged with a felony, your probly not leaving the country. Alot of bond conditions require you to surrender your passport. Even if they dont, trying to leave the country while facing trafficking charges looks like your fleeing. Judges dont like that. Prosecutors dont like that. Dont do it.

What Actually Happens at Trial?

So lets say you decide to go to trial. What does that actually look like? Because most people have never been in a courtroom and there whole understanding comes from TV, which is mostly wrong.

Jury selection. The lawyers and judge question potential jurors to find 12 people who can be fair. This takes a few hours, sometimes a whole day. Your lawyer will try to pick jurors who are sympathetic to defendants. The prosecutor will try to pick jurors who are pro-law enforcement. Alot of people get eliminated because they cant be fair or because there related to someone involved in the case.

Opening statements. The prosecutor goes first. They tell the jury what they think the evidence will show. Then your lawyer gives there opening statement, explaining your side of the story. These arent arguments—there previews of what the evidence will be.

State’s case. The prosecutor calls witnesses. Cops testify about the arrest and search. Lab technicians testify about the drug testing. Confidential informants testify about controlled buys. Each witness is cross-examined by your lawyer, who tries to poke holes in there testimony.

Defense case. After the state rests, your lawyer can call witnesses for the defense. Maybe you testify (though thats risky because the prosecutor gets to cross-examine you). Maybe you have alibi witnesses or character witnesses. Or maybe your lawyer rests without calling anyone, arguing the state didnt prove there case.

Closing arguments. Both sides argue what the evidence means. The prosecutor argues your guilty beyond a reasonable doubt. Your lawyer argues theres reasonable doubt and you should be acquitted.

Jury deliberation. The jury goes into a room and discusses the case. They have to reach a unanimous verdict—all 12 jurors have to agree. If they cant agree, its a hung jury, and the prosecutor has to decide whether to retry you.

Verdict. The jury announces there decision. Guilty or not guilty. If your acquitted, your free. Case over. If your convicted, sentencing happens 4-6 weeks later.

Why do only 3% of cases go to trial? Because trials are risky. If you take a plea deal, you know what your getting. If you go to trial and loose, you might get the maximum sentence because the judge is annoyed you “wasted everyones time.” Plus, trials are stressful. Your sitting there for days while prosecutors try to convince 12 people your a criminal. Its brutal.

But sometimes trials are worth it. If the evidence is weak, if you have good defenses, if the prosecutor is overcharging you—take it to trial. Make them prove it. Alot of times, the state’s case falls apart under cross-examination, and you walk.

How Do You Find the Right Lawyer for Your Case?

So you’ve decided you need a lawyer. Good. Now how do you find the right lawyer? Because not all criminal defense attorneys are the same. Some handle drunk driving cases. Some handle assaults. Some handle drug trafficking. You need someone who actually knows drug trafficking defense.

Heres what to look for:

Experience with drug trafficking cases specifically. Ask how many trafficking cases they’ve handled. Ask about outcomes. Did they get charges dismissed? Reduced? What percentage of there clients go to trial vs. take pleas? You want someone who’s done this alot, not someone whos learning on your case.

Federal court experience if your facing federal charges. Federal court is a different beast. The rules are different. The sentencing guidelines are different. If your case is federal, you need a lawyer who knows federal criminal procedure inside and out.

Track record with prosecutors and judges. A good lawyer knows the prosecutors in that courthouse. They know what deals are possible. They know which judges are tough and which are reasonable. This matters more then people realize.

Availability and communication. Your lawyer should return your calls. They should explain whats happening in your case. They should answer your questions. If a lawyer is too busy to talk to you during the consultation, there gonna be too busy to work on your case.

Investigator access. Does the lawyer have an investigator who can track down witnesses, take photos of the scene, interview people? This is huge in drug cases where the facts are disputed.

Trial experience. Alot of lawyers never go to trial. They just negotiate pleas. If your case might go to trial, you need a lawyer who’s actually tried cases in front of juries. Ask how many trials theyve done. Ask about verdicts.

Questions to ask during the initial consultation:

• “Have you handled cases like mine before?”
• “What are the possible outcomes in my case?”
• “What defenses do I have?”
• “Should I take the plea offer or go to trial?”
• “How much will this cost, and do you offer payment plans?”
• “How often will we communicate?”

Red flags to avoid:

• Lawyer guarantees a specific outcome (“I’ll get this dismissed for sure”). No one can guarantee results.
• Lawyer seems more interested in getting paid then understanding your case.
• Lawyer doesnt ask you questions about the facts. A good lawyer digs into the details.
• Lawyer talks down to you or makes you feel stupid. You deserve respect.

You Need to Call a Lawyer Today—Here’s Why

Look. I know your scared. I know you dont know what to do. I know the whole system feels overwhelming and confusing and like its designed to crush you. Your right—it kinda is.

But heres the thing: Every day you wait, your case gets harder to defend. Evidence disappears. Witnesses forget things. Deadlines pass. The prosecutor builds there case while you sit there doing nothing. By the time you finally hire a lawyer, the damage might be done.

You need to call a lawyer today. Not next week. Not after you “figure things out.” Today. Heres why:

Evidence preservation. Surveillance footage gets deleted after 30 days. Witnesses move. Physical evidence degrades. Your lawyer needs to act fast to preserve evidence that could help your defense.

Witness memory fades. The longer you wait, the less people remember. If you have witnesses who can help you, your lawyer needs to interview them now, while the events are still fresh.

Deadlines for filing motions. There are strict deadlines for filing motions to suppress evidence or dismiss charges. If you miss those deadlines, you lose the right to file those motions. Forever.

Damage control for statements already made. If you already talked to the cops, your lawyer needs to know what you said so they can figure out how to deal with it. Maybe you didnt incriminate yourself as much as you think. Maybe the statement was coerced and can be suppressed. But your lawyer cant help if they dont know.

Bond reduction opportunities. If your bond is too high, your lawyer can file a motion to reduce it. But the sooner they file, the better. Judges are more sympathetic early in the case.

Early plea leverage. The best plea deals happen in the first 30-60 days, before the prosecutor is invested in the case. If you wait 6 months to hire a lawyer, youve missed that window.

Building a defense takes time. Your lawyer needs to review discovery, interview witnesses, hire experts, file motions. This stuff takes weeks or months. The sooner they start, the better your defense will be.

Seriously. Stop reading and call a lawyer. Right now. If you cant afford a private attorney, use the public defender—but at least talk to them and make sure there doing everything they can for you.

If your looking for a lawyer who knows drug trafficking defense, who’s handled these cases before, who will actually fight for you—call Spodek Law Group. Todd Spodek is the managing partner, and hes been defending people against drug charges for years. There based in Brooklyn but they handle cases across the country, including Wisconsin.

Call 212-300-5196 for a free consultation. Tell them what happened. Ask them what your options are. Theres no obligation—just a conversation about your case and what comes next.

Trust me on this. The worst thing you can do right now is nothing. Call a lawyer. Fight this. Your life depends on it.