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Possession of Schedule I and II narcotics are considered Class I felonies with penalties of up to $10,000 in fines and/or 3.5 years in prison. Possession of certain stimulants and hallucinogenics can result in penalties of up to $5,000 fines and/or 1 year in prison.
Drug Possession Attorneys Appleton office near city hall
Appleton Drug Possession Laws
Possession of drugs can result in a civil forfeiture violation, a misdemeanor, or a felony. The charge classification normally depends on the drug type and number of offenses.
First offense possession of Marijuana is normally charged as a civil forfeiture with fines and driver’s license suspension as penalties. Penalties for misdemeanor marijuana possession include fines and potential jail time. Any subsequent offense of marijuana possession results in a Class I felony charge with penalties of up to 3.5 years in prison and/or a $10,000 fine.
First offense possession of most other drugs is a misdemeanor with penalties of up to 1 year in jail and/or $5,000 fines. Subsequent offenses result in felony charges with potential prison time.
Possession of Drugs and Drug Paraphernalia
If you are found in possession of a substance you cannot legally possess, you may face severe penalties including jail time, fines, probation, and suspension of your driver’s license.
It may be a surprise to you if you’re not familiar with Wisconsin drug laws, but even possession of drug paraphernalia can get you into trouble. If drugs and/or drug paraphernalia are found on your person, you could be charged with possession. Possession includes items in your hand, pocket or mouth.
Possession Laws in Wisconsin
If drugs are found in an area where you exert physical control, you could also be charged for possession. For example, drugs found in your vehicle’s glove box or center console could be considered in your possession. If your car is stopped by the police and they perform a search of your car and find any drugs, you could be charged with possession of those drugs. This applies to areas in your home such as your bedroom closet. Even if they’re not physically in your possession, you could still face consequences.
Possession laws also apply if you’re with a group of individuals. Everyone could be charged even if no one was physically holding the substance. The police have the right to charge individuals in your car or home after a search is performed and drugs are found.
Possession does not equal ownership. Even if an item is not legally yours, the state could prove you were in possession of it. If your friend’s drugs are in your possession, you can still be charged, even if your friend tells the police the drugs belonged to them. The state can prove possession easier if the drugs are physically on your person.
How long does possession stay on my record?
A possession charge will remain on your record for life if you are convicted. Having a criminal record has consequences that will affect you forever. The CCAP (Wisconsin Circuit Court Access Program) will keep a record of your conviction. Their website has public access, so anyone who knows about it can find your name and your record. Certain possession charges are eligible for expungement. Having your record expunged does not remove the conviction, it only removes it from public view on CCAP. Even after expungement, you may still have to report your conviction on job, loan, and professional licensing applications. Possession charges may also make obtaining federal student loans difficult.
How to beat a possession charge in Appleton
The facts of your case will determine the best ways to beat your possession charges. Since each case is different, the different factors will lead to different defense tactics. A skilled attorney might try to challenge whether you actually possessed an illegal substance you were convicted with. They may also challenge police actions such as an illegal search of your vehicle during a traffic stop. If a police officer did not legally conduct their traffic stop or search, the evidence found can not be used against you in court. Using similar tactics, our experienced Appleton possession attorneys can help get your charges reduced or dropped. Tom Grieve has assisted hundreds of clients in the past get their drug related charges and first offense drunk driving charges dropped or significantly reduced.
