Delivering an article to an inmate criminal defense attorneys
Van Severen Law Office represents defendants facing delivering an article to an inmate charges. Contact us at (414) 270-0202 for help.
Delivering an article to an inmate is a felony-level charge in Wisconsin. Specifically, it’s a Class I felony, meaning the maximum penalty a defendant faces upon conviction is 3.5 years in prison, $10,000.00 in fines, or both. That 3.5 year prison sentence breaks down into a maximum term of initial confinement of 1.5 years, followed by a maximum term of extended supervision of 2 years. A Class I felony is the lowest-level felony in Wisconsin, and no mandatory minimum penalty applies to this charge. Prison and jail are not required if you’re found guilty.
Delivering an article to an inmate charges are the result of delivering an item – any item – to any inmate without prior authorization from the sheriff or other keeper of the jail, or the warden or superintendent of a prison. This includes simple delivery, such as handing an item to an inmate during a visit. It could include more creative means, such as delivering an item via drone. But it also applies to correctional officers and other non-inmate individuals found within jails and prisons.
Depending on the circumstances involved in your case, the media may be involved. After all, it’s certainly sensational news whenever there are allegations of sneaking things into or out of jails or prisons. Don’t talk to the media. Ignore the reporters. We’ll handle that. But we think it’s important to hire one of Milwaukee’s best criminal defense attorneys when facing serious charges like these. Contact Van Severen Law Office, S.C. at (414) 270-0202 to discuss your case with one of our attorneys today. We’ve helped people in tough situations before.
The law: section 302.095(2)(a)1 of the Wisconsin Statutes – delivering articles to inmate
(a) Any officer or other person who does any of the following contrary to the rules or regulations and without the knowledge or permission of the sheriff or other keeper of the jail, in the case of a jail, or the warden or superintendent of the prison, in the case of a prison, is guilty of a Class I felony:
1. Delivers, procures to be delivered, or has in his or her possession with intent to deliver to any inmate confined in a jail or state prison, any article or thing whatever, with intent that any inmate confined in the jail or prison shall obtain or receive the same.
Wait, so actual delivery isn’t even required? Simply having the item in your possession with intent to deliver it is enough? Yes. But a situation like this will likely also include other evidence, such as recorded jail phone calls, letters, and other proof. It’d be tough for the government to prove a case based simply on the fact that an item was in the defendant’s possession. Making a statement and “cooperating” with investigators in this specific situation (and plenty of others) could provide the police and prosecutors enough evidence to sustain a case against you. While keeping silent does not guarantee you won’t be prosecuted, we think it’s a smart move to avoid making the government’s position stronger.
You’ll notice that this statute is incredibly broad. It includes any item, not simply illegal contraband. It could even include something as innocuous an attorney giving his pen to the defendant during an in-custody meeting. But the legislative intent of this law is clear: nothing enters jails or prisons without the express authorization of the relevant authority.
Wisconsin Criminal Jury Instruction 1785 – Delivering an article to an inmate.
Although the title of this jury instruction differs slightly from the statute, they discuss the same crime. Wisconsin’s jury instructions break criminal offenses down into parts, called elements. Prosecutors must prove each of those elements in order to sustain a conviction against the defendant. Juries aren’t simply asked “did this crime occur?” Instead, they’re presented with these instructions and asked if the government proved each element beyond a reasonable doubt. Wisconsin Criminal Jury Instruction 1785 provides us the following elements of this offense:
Firstly, the defendant delivered or procured to be delivered an article meant for an inmate confined in a jail or prison.
Secondly, the defendant intended that an inmate receive or obtain the article.
And finally, the delivery, or procurement for delivery, of the article was contrary to the rules or regulations and without the knowledge or permission of the sheriff or other keeper of the jail, or warden or superintendent of the prison.
These elements are straightforward: there’s an item, it was intended to be delivered to an inmate, and that delivery was against the rules of the institution. Sometimes jury instructions have many requirements, but these are pretty simple.
Delivering an article to an inmate is a Class I felony in Wisconsin. This is a serious criminal charge and we think it’s best attacked by a top Wisconsin criminal defense lawyer. Contact Van Severen Law Office, S.C. at (414) 270-0202 to discuss your case today.
Contact Van Severen Law Office, S.C. at (414) 270-0202 to speak with our criminal defense attorneys regarding this or any other criminal charge.
Nobody wants to be facing criminal charges. That’s especially the case for criminal charges that are felonies and carry the potential of a prison sentence. At Van Severen Law Office, S.C., we help individuals in your position every single day. Some people make mistakes. Some people aren’t guilty. Others just want to hold the government to its burdens and force a trial. We represent individuals with all sorts of goals, and we’d like to talk to you about yours.
Various organizations recognize Van Severen Law Office, S.C. as one of Wisconsin’s top criminal defense law firms. We dedicate our entire practice to helping individuals facing criminal charges. Whether it’s a felony, like this, a more serious felony, or even a misdemeanor, we’re dedicated to representing Wisconsinites who are in trouble.
Contact us at (414) 270-0202. We offer free consultations to potential clients.
