Madison WI Maintaining a Dwelling
Lawyer - Maintaining a Dwelling Attorney
Wisconsin drug laws make it a crime to keep or maintain
any structure which is resorted to by people using a controlled
substance or manufacturing, keeping or delivering a controlled
substance in violation of the Wisconsin drug laws. To prove such a
charge, the state needs to prove that the defendant kept or
maintained the place or structure. What exactly this includes is
not well-defined in the Wisconsin drug laws. It does not require
proof of ownership, but it does require proof that the defendant
exercised management or control of the place. The state also needs
to prove that the place in question was resorted to by people
illegally using controlled substances or it was used for
manufacturing, keeping or delivering a controlled substance.
“Using” a controlled substance does not necessarily require proof
that the controlled substance was ingested. Mere possession of a
controlled substance in violation of the Wisconsin drug laws may be
enough. Whether the conduct in a particular case amounts to
“keeping” may be a defense. In State v. Slagle, the Wisconsin
Court of Appeals found that evidence having cocaine in a vehicle one
time was not enough to prove “keeping.”
Finally, the state needs to prove that the defendant knew that the
place was resorted to by people using controlled substances in
violation of Wisconsin law. Even though the offense is often
referred to as maintaining a dwelling, the state does not need to
prove that people actually lived in the place or structure.
If you face a maintaining a controlled substance
charge in Wisconsin, contact Madison drug defense lawyer Robert T.
Ruth to review possible defenses in your case.