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If you are charged with maintaining a drug trafficking place in Racine or Kenosha you are facing a class I felony punishable by up to 3.5 years in prison, a fine up to $10,000, or both
Maintaining a Drug Trafficking House in Racine or Kenosha
There are two types of maintaining a drug trafficking place charges:
- a location where drugs are being used
- a location where drugs are being manufactured, stored or delivered
Both charges are governed by the same Wisconsin State Statute Sec. 961.41(2) and the only difference exists in what the State has to prove to convict you of the charge. Keeping a drug place is typically paired with misdemeanor drug charges. This combination carries a high risk of jail time and fines.
A conviction for maintaining a drug trafficking place requires the State to prove each element of the charged offense. Both charges require that you kept or maintained a structure or place (think building or vehicle, however, it is not limited to those two examples) and that you had knowledge of what was taking place at the structure or place that you kept or maintained. The difference is what the knowledge must be of, on one hand, it is the use of the place or structure for consuming drugs, on the other it is the use of the place or structure for the purpose of manufacturing, storing or delivering controlled substances.
In addition to charges for maintaining a drug trafficking place, often other criminal charges will be included such as manufacturing or delivering drugs, possession with intent to distribute the drug, basic possession and possession of drug paraphernalia. Often in controlled buy scenarios, sales are completed at the window of a car. That car can be deemed a drug trafficking place allowing for the prosecutor to issue an additional charge beyond the delivery of drugs. When a vehicle is the drug trafficking place, it can be forfeited if requested by the prosecutor upon a conviction.
THC, cocaine, heroin, methamphetamines and LSD are all controlled substances, a complete list of controlled substances is in the Uniform Controlled Substances Act: chapter 961 of the Wisconsin State Statutes.
Your Home Can't Protect You
Many people falsely assume what goes on in their own homes is beyond the reach of law enforcement. If you are using your home to make, store or sell illegal drugs, the police can get to you.
Penalties for Maintaining a Drug Trafficking Place
Penalties depend on the type and amount of substance:
| Amount | Penalty | Max. Incarceration | Max. Fine |
|---|---|---|---|
| 200 grams or less / 4 plants or less | Class I Felony | 3.5 years | $10,000 |
| 200-1,000 grams / 4-20 plants | Class H Felony | 6 years | $25,000 |
| 1,000-2,500 grams / 20-50 plants | Class G Felony | 10 years | $25,000 |
| 2,500-10,000 grams / 50-200 plants | Class F Felony | 12.5 years | $25,000 |
| More than 10,000 grams / More than 200 plants | Class E Felony | 15 years | $50,000 |
| Amount | Penalty | Max. Incarceration | Max. Fine |
|---|---|---|---|
| 1 gram or less | Class G Felony | 10 years | $25,000 |
| 1-5 grams | Class F Felony | 12.5 years | $25,000 |
| 5-15 grams | Class E Felony | 15 years | $50,000 |
| 15-40 grams | Class D Felony | 25 years | $100,000 |
| More than 40 grams | Class C Felony | 40 years | $100,000 |
| Amount | Penalty | Max. Incarceration | Max. Fine |
|---|---|---|---|
| 3 grams or less | Class F Felony | 12.5 years | $25,000 |
| 3-10 grams | Class E Felony | 15 years | $50,000 |
| 10-50 grams | Class D Felony | 25 years | $100,000 |
| More than 50 grams | Class C Felony | 40 years | $100,000 |
| Amount | Penalty | Max. Incarceration | Max. Fine |
|---|---|---|---|
| 3-10 grams | Class E Felony | 15 years | $50,000 |
| 10-50 grams | Class D Felony | 25 years | $100,000 |
| More than 50 grams | Class C Felony | 40 years | $100,000 |
If you've been charged with maintaining a drug trafficking place you need a criminal defense team with the experience to handle your case. Grieve Law serves communities in Racine & Kenosha counties including Union Grove, Yorkville, Sturtevant, Bristol, Paddock Lake, Paris & more.
Schedule a free initial consultation to learn how Grieve Law drug attorneys can get your drug trafficking house charges reduced or dropped.
How long does a drug trafficking charge stay on my record?
A conviction for maintaining a drug trafficking place in Racine or Kenosha will remain on your record for the rest of your life. In Wisconsin, all charges, open criminal cases, and convictions are available for public view on CCAP (Wisconsin’s Circuit Court Access Program). There is not a timeframe where a conviction will fall off CCAP and be hidden from public view. Your conviction may be eligible to be expunged, however, this simply seals the conviction record from public view it does not remove it. Financial aid for school, future employment, housing and obtaining a loan can all be affected by having a maintaining a drug trafficking place conviction on your record. In addition, maintaining a drug trafficking place is a felony and upon conviction, you will permanently lose your right to possess a gun.
How to beat a drug trafficking house charge in Racine or Kenosha
Beating a charge for maintaining a drug trafficking place in Racine or Kenosha comes down to either contesting an element of the charge or something the police did on your case. Proving knowledge, the third element, is often difficult for a prosecutor especially with the beyond a reasonable doubt burden of proof. A prosecutor will typically attempt to demonstrate through the evidence collected that you must have had the required knowledge. There are scenarios where knowledge is without the ability to be challenged (controlled buys of drugs with a CI). But there are also situations where knowledge is far from a certainty (roommates who are using drugs or when multiple people have access or use a house that you are frequently away from as two examples).
Without the ability to challenge an element of the crime, the best chance to beat a maintaining a drug trafficking place charge is by challenging the collection of evidence by the police. Successful challenges to search warrants, or searches absent a warrant, can have the evidence against you thrown out. And in the event that a CI is involved there is the possibility of an entrapment defense, though this is rarely successful. Reach out to our award-winning Racine and Kenosha lawyers made up of former state prosecutors to get started on fighting against your case today.
