drug defense lawyer Archives

Three Ways Prescription Drugs Can Lead to Criminal Charges

October 18, 2022 | Constitution

Prescription drugs may have multiple uses. While you may need them for a certain purpose, others may have their own needs for them, some of which may be illegal. Something that is completely legal may cross a line if it is used incorrectly or illegally distributed. You can still face criminal charges for misusing prescription drugs even after your physician had written up a legitimate prescription – in some cases, even when the need was genuine. OWI for Operating a Vehicle Under the Influence It is important that you read the instructions that go along with your prescription drugs. Some may advise you that you should not operate any type of heavy machinery for a certain period of time after taking the medication. Heavy machinery, in this case, will include a car. Some prescriptions may have a similar impact on alcohol or drugs. Wisconsin OWI law is not just centered … Continued

SCOW Finds Generic Conduct in “High Crime Area” Created Reasonable Suspicion of Criminal Activity

November 3, 2021 | Court Hearings

The Wisconsin Supreme Court continues to make life harder for criminal defendants throughout the state, broadening law enforcement’s power through its recent rulings. In one case, the Supreme Court has practically criminalized being in a “high-crime area,” allowing officers practically unlimited ability to view any ordinary behavior in these areas as a pretext to search possible suspects. With rulings like these, defendants need attorneys more than ever to help them fight illegal searches and seizures.

Drug Defense Attorneys at Hogan Eickhoff

Odor of Burning Weed Justifies Warrantless Entry into the Home

October 6, 2021 | Criminal Defense Attorney

In any criminal case that involves physical evidence, you can expect some scrutiny from criminal defense attorneys of how law enforcement seized the evidence. One of a defendant’s basic rights in any trial is their Fourth Amendment right to be free from an illegal search or seizure. When police enter a home without a warrant, their entry will almost always be challenged. This is exactly what happened when police went into a home after smelling burning marijuana. However, in the case of In the Interest of B.W.R., the Wisconsin Court of Appeals gave officers very wide latitude for a warrantless search.

Does CBD Show Up on a Drug Test?

September 21, 2021 | Criminal Defense Attorney

Don’t get caught up with a drug offense charge because of CBD. CBD is an increasingly common ingredient in both food products and cosmetics and is also smoked in various forms, whether vaporized concentrates or the actual flower of the hemp plant. CBD is derived from hemp, which under the Federal Hemp Act is legal across the United States. In a recent article in Healthgrades, CBD is noted as being particularly helpful for a wide variety of ailments and is used in products ranging from gummies to creams. However you ingest your CBD products, they will eventually make it into your bloodstream, and depending upon their contents, could lead to you testing positive for THC on a drug test.

What are the Consequences of Illegally Possessing Prescription Drugs?

August 20, 2021 | Criminal Defense Attorney

Many people associate stiff drug possession penalties with illegal narcotics such as heroin and cocaine. However, the law defines illegal possession of drugs differently. For the most part, Wisconsin law groups drugs into categories for purposes of illegal possession. Some types of prescription drugs can fall into buckets where illegal possession can merit serious jail time. Either way, you need to take drug possession charges seriously from the very first minute.

Wisconsin Marijuana Legalization: The Potential Impacts on Criminal Laws

March 22, 2021 | Criminal Defense Attorney

Have you heard the news regarding the possible legalization of marijuana in Wisconsin? Our team of drug lawyers is on the pulse. On February 7, 2021, Wisconsin Governor Tony Evers announced he wants the state to legalize marijuana. His new biennial budget proposal includes regulating and taxing the currently illicit substance just like it does alcohol. Wisconsin would be following the path of 15 other states that have already legalized recreational marijuana use. The inaugural year of legal cannabis in Illinois saw almost $1 billion in sales, which generated $100 million in state tax revenue. That figure doesn’t include tax revenue earned for other municipalities like counties and cities.

Drug Possession Defense Attorney in Wisconsin

Drug Possession Defenses

March 10, 2021 | Criminal Defense Attorney

Under Wisconsin criminal laws, drug possession is a serious charge which can lead to serious penalties. If convicted, you could face several years in prison, steep fines, the loss of certain rights such as voting, as well as damage to your reputation, and the inability to hold particular jobs or licenses. Simply put, a conviction on drug possession charges has the potential to ruin your life.

Marijuana Charges Are Still a Serious Matter in Wisconsin

January 21, 2020 | Drug Defense Lawyer

With a quick step over the Wisconsin border to Michigan’s upper peninsula, marijuana goes from fully illegal to completely legalized. Recreational pot is also legal in Canada and has been partially decriminalized in Minnesota. All around Wisconsin, cannabis is available for legal recreation and/or medical use, but Wisconsin residents must proceed with caution. Legally purchasing medical or recreational pot in another state or country does not mean the marijuana becomes legal in Wisconsin. Transporting marijuana over state or international borders is actually a federal drug offense and illegal in Wisconsin. In fact, possession of marijuana is a felony in all but limited circumstances, and Wisconsin has some of the most repressive marijuana laws in North America.

When Can Drug Evidence Be Suppressed?

December 12, 2019 | Drug Defense Lawyer

Suppression of evidence is one of the primary legal protections afforded to criminal defendants in the United States. Excluding evidence obtained in violation of law or tainted due errors on the part of law enforcement gives teeth to the Fourth Amendment’s constitutional guarantees. Without the exclusionary rule, law enforcement would have little incentive to respect your constitutional rights. Drug evidence seized due to an illegal traffic stop, pat down, or unlawful search must generally be excluded from consideration during post-indictment proceedings. The court must assume the evidence doesn’t exist, and the suppression of drug evidence often results in a dismissal of any drug-related charges against you.

What Happens When the Police Find Drugs in My Vehicle?

November 12, 2019 | Drug Defense Lawyer

Traffic stops are the most common reason for people to have contact with the police. In some cases, an officer will search your car during a traffic stop. These searches are sometimes justified and sometimes not. If a vehicle search results in the discovery of illegal drugs, it can result in significant legal consequences. For this reason, if you’ve been arrested after the police searched your vehicle, you should talk to an attorney as soon as you can. In some instances, a lawyer may be able to have the case against you completely dismissed.