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In Milwaukee, penalties for cocaine-related crimes vary. For instance, manufacturing or delivering only 1 gram of cocaine can lead to 10 years in prison, a $25,000 fine or both, while first-offense cocaine possession could carry a fine of up to $5,000 and one year in prison.
If you are charged with Possession of Cocaine, you face a misdemeanor charge with a maximum possible penalty of up to one year in jail, a $5,000 fine, or both. You could also face driver’s license suspension time between 6 months and 5 years. Possession of Cocaine as a second or subsequent offense is a Class I felony with a maximum penalty of 3 ½ years in prison, up to a $10,000 fine, or both. You may also face increased penalties if you are found to be in possession of cocaine near a park, school, or other protected building. In addition to those penalties, you may also be required to pay a Drug Abuse Program surcharge of up to $5,000.
A charge of possession of cocaine as a second or subsequent offense does not require that you have a previous possession of cocaine conviction on your record. A second or subsequent charge modifier or enhancer can be added to any drug charge if you have any prior drug conviction. If you were convicted of possession of THC many years ago, you could still be charged with second or subsequent possession of cocaine even if you have never been charged with possession of cocaine before. The second or subsequent charge modifier changes a misdemeanor possession of cocaine to a felony that carries significantly increased penalties.
Possession of cocaine charges are often accompanied by charges for possession of drug paraphernalia. Any items found in your possession that could be used in the sale or use of drugs can be labeled drug paraphernalia. This includes items like plastic baggies, razor blades, or a pipe to smoke crack cocaine. You could face drug paraphernalia charges for many different types of items if they are found in your possession when you are charged with possession of cocaine.
Possession of cocaine with a firearm is an additional you could face. Being in possession of a firearm with cocaine could cause you to face increased jail time and increased fines.
How long does a cocaine charge stay on my record?
A conviction for possession of cocaine will stay on your record permanently. In some cases, your conviction for possession of cocaine may be eligible for expunction or expungement. Expunction does not remove the conviction from your record, however. Rather, it merely removes the conviction from public view on CCAP, Wisconsin’s Circuit Court Access Program. Even if your conviction is expunged, you may still be required to report the conviction on job or licensing applications, and it could cause you to lose out on opportunities for federal student loans for school.
How do I beat a possession of cocaine charge?
To be convicted of possession of cocaine, the State must prove that you were in possession of a substance that you knew or believed to be cocaine, and that the substance actually was cocaine. The State can attempt to prove that you possessed the substance in different ways. They must show that the cocaine was on your person, in your physical control, or in an area over which you exert physical control. They must also prove that you knew the substance was there.
In some cases, it may be possible to challenge the search that led to the discovery of the cocaine. For example, if you were stopped in your car by police, they must have a legal reason for the traffic stop. If not, any subsequent search of your vehicle could be ruled illegal. Even if the police had a legal reason to stop your vehicle, they have to have a legal reason to search your vehicle. If they did not have that legal reason, then any drugs found during the illegal search of your vehicle could be ruled inadmissible against you.
Our experienced Milwaukee cocaine attorneys will evaluate your case to see what defenses you have to beat your cocaine charge.
