Legal Question in Criminal Law in Wisconsin

Drug Dealing Arrest--Results for Roomates or Family of Accused

It is extremely difficult to predict whether or not all residents of a drug dealer's home will be arrested with him. I have seen many cases where everyone in the home has been charged as well as the opposite where only the primary dealer was charged. The police make such decisions based upon the available evidence of knowledge/participation of the co-occupants. One person accepting full responsibility can also help the other residents, but not always. On the opposite extreme, everyone in the house denying ownership of the drugs is apt to get everyone charged. WI criminal law makes anyone in the vicinity of the offense equally guilty if they were a "party to the crime." There are only minimal requirements for this type of guilt by association--that the person "stood ready to assist" even if they did not actually take part in the crime. The maximum penalties for the family and roommates are just as severe as those for the primary dealer. Any time both parents or guardians of a child are arrested, the children a taken into protective custody. If the Human Services Department cannot find relatives to take them, they will place the children in foster homes and eventually up for adoption if no relatives can take over.