Madison WI Delivery of Controlled Substance Lawyer
misunderstanding with the charge of delivery of a controlled
substance is whether it requires proof that the drugs were sold.
Many people think that if there was no money exchanged, it is not a
delivery. This is simply wrong. There does not need to be money or
anything of value exchange to qualify as a delivery of a controlled
substance under Wisconsin law. Delivery of a controlled substance
in Wisconsin requires nothing more than the transfer or attempt to
transfer from one person to another.
To prove a
delivery charge in Wisconsin the state needs to prove first that the
defendant delivered a substance. Second, the state needs to prove
that the substance was a controlled substance. And, third, the
state needs to prove that the defendant knew or believed that the
substance as a controlled substance.
knowledge element is often fertile ground for a defense. If you
delivered something that turned out to be a controlled substance,
but did not know that the contents of the package were a controlled
substance, you are not guilty of delivery of a controlled substance
under Wisconsin law. It is not necessarily a defense, however, if
you thought you were delivering one controlled substance and it
turns out to be another controlled substance on the same schedule.
you face a delivery of a controlled substance charge in Wisconsin,
contact Madison drug defense lawyer Robert T. Ruth to review
possible defenses in your case.