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In Appleton, first offense cocaine possession carries a fine of $5,000 and/or a year in jail. The manufacturing or delivery of at least 1 gram of cocaine can result in $25,000 fines and/or 10 years in prison. The more drugs you have in your possession, the more severe penalties will be.
Cocaine Possession and Intent to Distribute Charges
First offense cocaine possession is a misdemeanor charge carrying penalties of $5,000 in fines and/or up to a year in jail. Your driver’s license may also be suspended for 6 months to 5 years. Subsequent possession charges are Class I felonies with maximum penalties of 3.5 years in prison and/or $10,000 in fines. Penalties may increase if you are found in possession near parks, schools, or other protected buildings. Some cases also require you to pay a surcharge of $5,000 for a drug abuse program.
A second or subsequent possession charge modifier or enhancer can be added to a drug charge if you have a prior drug conviction. The previous conviction does not have to be for the same controlled substance. For example, if you have previously been charged with THC possession, you can still be charged for second or subsequent cocaine possession even if you’ve never possessed cocaine before. A subsequent possession modifier bumps a misdemeanor up to a felony charge, which comes with more significant penalties.
Cocaine possession charges are sometimes accompanied by drug paraphernalia possession charges. Items that could be used for the possession or sale of drugs may be considered paraphernalia, including plastic bags, razor blades, or pipes.
An additional charge you could face is cocaine possession with a firearm which results in increased fines and prison time. Wisconsin residents facing serious penalties from charges like cocaine possession and first offense drunk driving need an attorney they can trust. Tom Grieve has a reputation of helping clients get their drug and alcohol charges dropped or reduced.
How long does a cocaine charge stay on my record?
A conviction for cocaine possession or distribution stays on your record for life. Your cocaine charges could be eligible for expungement, but that only removes your record from public view on Wisconsin’s Circuit Court Access Program (WCCAP). You may still have to report the conviction on applications, and it could cause future problems with applying for federal student loans.
How to beat possession of cocaine charge
To be convicted, the state must prove you were in possession of cocaine, you knew you were in possession, and the substance is actually cocaine. The cocaine must be on your person, in your control, or somewhere where you have physical control, and you knew it was there.
Your attorney may be able to challenge the search that led to the discovery of the cocaine. For example, in a traffic stop, the police must have a legal reason to have stopped you and a legal reason to search your vehicle. If the stop and search were not legal, evidence found in the search is inadmissible against you.
