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Cocaine penalties in Brookfield, Wisconsin, depend on the alleged incident and amount of cocaine. Penalties involving the intent to manufacture, distribute or deliver the drug carries a penalty of up to a $100,000 fine and/or 40 years in prison. First-offense cocaine possession could carry a fine of up to $5,000 and one year in prison.
Possession of Cocaine is a misdemeanor that carries a maximum penalty of one year in jail, a fine of $5,000, or both. The court could also suspend your driving privileges for up to five years. If you are convicted of possession of cocaine as a second or subsequent offense, it is a Class I felony that carries a maximum three and a half years in prison, $10,000 fine, or both. Drug charges in Wisconsin also carry a Drug Abuse Program Improvement surcharge of up to $5,000. You may also face increased penalties for possession of cocaine near a school, park, or other protected buildings.
Keep in mind, a second or subsequent offense charge modifier does not require that you were previously convicted of the same offence that you are now charged with. Any prior drug conviction can be used as the basis to add a second or subsequent charge modifier to a possession of cocaine charge. Even if you were convicted of possession of THC, no matter how little you were convicted of possessing, you can have a second or subsequent charge modifier added to your charge of possession of cocaine.
If you are charged with possession of cocaine, you might also be charged with possession of drug paraphernalia. Drug paraphernalia can include many items from a pipe used to smoke crack cocaine, to razor blades, to plastic baggies. Drug paraphernalia encompasses a large amount of items when those items are found with cocaine.
You may also face additional charges if you are charged with possession of cocaine with a firearm. You may face increased jail time, and increased fines.
How long does a cocaine charge stay on my record?
If you are convicted of possession of cocaine, that conviction will remain on your record for the rest of your life. Convictions for criminal offenses must be maintained by CCAP, Wisconsin’s Circuit Court Access Program. Some possession of cocaine offenses may be eligible for expunction if the court grants it. However, expunction is not a guarantee, and you should not rely on expunction as a way to keep your record clean from a possession of cocaine conviction.
How do I beat a possession of cocaine charge?
Possession of cocaine requires that the State prove beyond a reasonable doubt that you possessed a substance, that you knew that substance was cocaine, and that the substance actually was cocaine. Possession under Wisconsin law does not require that the substance be found on your person. Rather, possession can be charged whenever a substance is found in an area over which the person exerts physical control.
One common defense to possession charges is that you did not actually possess the substance. If it is not found on your person, the state must prove that you knew the substance was present wherever it was found. There can also be opportunities to challenge the search of your vehicle if you were stopped by police. If the search of your vehicle or your person was illegal, the state may not be able to use the cocaine found as evidence against you in your case. Without that evidence, the state may not be able to prove their case, and your charges could be dismissed. Contact our team of award-winning criminal defense attorneys in Waukesha to discuss possible defense options in your case. Since opening in 2013, Grieve Law has assisted hundreds of clients in getting their drug and alcohol related charges such as possession, intent to distribute and 1st offense drunk driving charges dropped or reduced.
