Robert T. Ruth has practiced criminal defense since 1993 and represents people accused of delivering controlled substances in Wisconsin. Drug-delivery cases can involve searches, statements, confidential informants, controlled buys, communications and disputes about knowledge or intent.
Madison Defense for Delivery of a Controlled Substance
One common 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.
The 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.
If 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.