Maintaining a Drug Dwelling Charge in Wisconsin
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Madison, WI
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Facing Charges for Maintaining a Drug Dwelling in Wisconsin?
In Wisconsin, maintaining a place for drug trafficking is a felony offense under Wis. Stat. § 961.42. This law makes it illegal to knowingly keep or maintain any property, building, or structure for the purpose of manufacturing, storing, or delivering controlled substances. Importantly, this statute extends beyond production and distribution activities—it can also apply to locations regularly used for consuming controlled substances.
Maintaining a drug dwelling is classified as a Class I felony, punishable by:
• Up to 3.5 years in prison
• A fine of up to $10,000
• A permanent felony conviction on your record
Being charged under this statute can have life-altering consequences, making it essential to work with a defense attorney who understands the nuances of Wisconsin drug law and how to defend against overbroad prosecution.
The Broad Scope of Drug Dwelling Charges in Wisconsin
This charge is often more expansive than many realize. Prosecutors can pursue a conviction for maintaining a drug dwelling even if:
• No drugs were being actively sold
• The defendant is a tenant, roommate, or guest and not the property owner
• The residence is used for repeated drug consumption or gatherings
• Controlled substances are kept or stored for future delivery
These broad applications make it easier for the state to overreach and file felony charges in scenarios where you may not have had full control or knowledge of illegal activities occurring at the property.
Professional and Experienced Wisconsin Drug Crime Attorneys
What Must the State Prove to Convict You of Maintaining a Drug Trafficing Place?
To secure a conviction for maintaining a drug trafficking place, the prosecution must prove all three of the following elements beyond a reasonable doubt:
1. The defendant kept or maintained a place
• This means the defendant managed or exercised control over a property, even if they do not legally own it.
2. The place was used for manufacturing, delivering, or keeping controlled substances
• The state must show the location was used intentionally or regularly for illegal drug activity—not simply that drugs were present once.
3. The defendant knowingly allowed or facilitated this activity
• Knowledge and intent are critical. The state must show the defendant was aware of the drug-related use and allowed it to occur.
These elements provide opportunities for legal defenses, especially in cases where someone may have unknowingly rented to or associated with individuals involved in drug-related conduct.
Defending Drug Dwelling Charges in Madison and Southern Wisconsin
If you are charged with maintaining a drug dwelling in Madison, Dane County, or surrounding counties, you need experienced legal representation to fight back. At DK Anderson, S.C., we build strong defenses by:
- Challenging the state’s proof of control or management over the property
- Questioning whether the alleged activity meets the threshold of manufacturing, keeping, or delivering drugs
- Arguing lack of knowledge or intent
- Filing motions to suppress evidence from unlawful searches or seizures
- Negotiating for reduced charges or case dismissal when appropriate
Our attorneys understand the local court procedures, prosecutorial practices, and evidentiary standards across southern Wisconsin. We leverage that knowledge to protect our clients’ rights and minimize the consequences of these serious charges.
Why Choose DK Anderson, S.C. for Your Drug Crime Defense?
✔ Extensive experience defending controlled substance charges, including maintaining drug dwellings
✔ Thorough investigation and personalized defense strategies
✔ Proven track record of reduced charges, case dismissals, and favorable sentencing outcomes
✔ Local knowledge of courts and prosecutors in Madison, Dane County, and beyond
Don’t risk your future by facing a drug felony charge alone. Get the experienced legal defense you need.
Schedule a Free Consultation Today
If you or someone you care about is charged with maintaining a place for drug trafficking under Wis. Stat. § 961.42, reach out to DK Anderson, S.C. today. Your rights, freedom, and reputation are on the line. Let us help you fight back with experience and determination.
📞 Call Now: (608) 204-5807
Frequently Asked Questions - Maintaining a Drug Trafficking Place
Yes. Ownership is not required. If the state believes you had control or management over the property and knew it was used for illegal drug activity, you may still face charges.
Do not speak to law enforcement without an attorney present. Contact DK Anderson, S.C. immediately so we can evaluate the investigation, protect your rights, and prepare a defense before charges are filed.
Generally, the state must show ongoing or repeated use of the property for drug activity. However, even a single event may lead to charges if it involves intent to manufacture, store, or deliver drugs.
Yes. Prosecutors often charge multiple individuals involved with or present at the property. Charges can apply to tenants, roommates, landlords, or even frequent guests if the state believes they were complicit.
Lack of knowledge is a valid legal defense. The state must prove that you knew the property was being used for drug-related purposes. If you were unaware, we may be able to argue for dismissal or acquittal.
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