Xanax Classification And Overview Of Penalties
Prescription medications are one of the most abused substances in the state of Wisconsin. Although it is legal with a prescription, Xanax is classified as a Schedule IV nonnarcotic under Wisconsin’s controlled substance laws. Prescription drugs such as Xanax have a small potential for abuse and dependence. First offense possession of Xanax is a misdemeanor charge with a maximum fine of $1000 and up to six months in jail. Penalties for first offense Xanax possession will remain on your record for life.
Cleghorn Defense can help if you face charges for Xanax possession. Call for a consultation.
How To Beat Xanax Possession Charges In Wisconsin
Having a tenacious and experienced drug attorney on your side will severely help your case. The most common methods used by attorneys for beating a prescription drug charge are:
- Insufficient probable cause: Before a police officer can search your person or vehicle, they must have a valid reason for doing so. A lack of probable cause can be used to defeat a first offense drug charge.
- Fourth Amendment violation: Unlawful search and seizure occur when an officer searches your home or vehicle without obtaining a search warrant or having probable cause for doing so. A controlled substance that was obtained through an unwarranted search cannot be used in a court of law.
- No proof: If the prosecution cannot prove that the controlled substance actually belonged to you, there is a greater possibility of your case being dismissed.
- Legal prescription: Xanax is an accepted prescription medication used to treat panic disorders and anxiety attacks. If you have a prescription from a registered doctor, then you will likely be able to get your charges dropped as you possessed Xanax legally.
Hire The Best Criminal Defense Lawyer To Win Your Case
Criminal defense attorney Kerri Cleghorn has served southeast Wisconsin since 2003. She tenaciously protects those who have been accused of drug possession charges by formulating a powerful defense of your rights. If you are facing prescription drug charges in Wisconsin, contact an aggressive criminal defense lawyer who will win your case.
Common Xanax Drug Possession Charge Questions
What are the charges for selling Xanax?
Selling Xanax is a more serious offense than possession of a controlled substance. The sale of Xanax or other Schedule III drugs is a felony offense.
Can you possess Xanax without a prescription?
Possessing Xanax without a valid prescription is illegal in the United States. If you are caught illegally possessing Xanax, you will face misdemeanor or felony charges depending on the amount you were arrested with.
How long does a Xanax charge stay on your record in Wisconsin?
A Schedule IV drug charge will remain on your record for life.
Xanax Intent To Distribute Charges
Intent to distribute penalties vary based on the amount you possess at the time of your arrest and the schedule classification of the controlled substance. Other factors also include:
- Drug street value
- Presence of manufacturing equipment
- Presence of drug paraphernalia
Even 3 grams of prescription medication can be prosecuted as an intent to distribute charge. Possession of a Schedule IV controlled substance such as Xanax with intent to distribute is a class H felony in Wisconsin. Penalties include a $10,000 fine and six years in prison.
Call Cleghorn Defense today to schedule a free consultation.