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Drug Possession Attorneys Brookfield-Waukesha office just off Bluemound

Drug possession penalties in Brookfield, Wisconsin, vary based on the type of drug and amount. Possession of Schedule I and II drugs can be penalized with up to a $10,000 fine, 3.5 years in prison or both while first-offense marijuana possession could lead to a $1,000 fine and up to 6 months in prison.

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Possession of drugs or any controlled substances can be charged as a civil forfeiture violation, a misdemeanor, or a felony depending on the substances and the amount of the substance found in your possession. A first offense possession of marijuana can be charged as a civil forfeiture or a misdemeanor. A second or subsequent possession of marijuana is a class I felony that carries up to 3 ½ years in prison, a $10,000 fine or both. Possession of many other drugs as a first offense is a misdemeanor that carries up to a year in jail and a $5,000 fine. Possession of some drugs, like heroin, is a class I felony. A second or subsequent possession is always a felony charge, regardless of the type of drug. Penalties increase if you are charged with possession with intent to deliver drugs. These charges are always felony offenses that carry potential prison time. 

Illegal possession of guns can be charged for multiple reasons. Carrying a Concealed Weapon without a permit is a Class A misdemeanor that carries up to 9 months in jail, a $10,000 fine or both. It is also illegal to be in possession of a firearm if you are intoxicated. This is also a class A misdemeanor with a maximum penalty of 9 months in jail, a $10,000 fine, or both. 

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If you are charged with being in possession of a firearm after you have been convicted of a felony, you will face a class G felony. The maximum penalty for a charge of Felon in Possession of a Firearm is 10 years in prison, a $10,000 fine, or both. You can also face felony charges if you are found to be in possession of a firearm after an injunction has been issued against you with an order that you not possess firearms. 


Possession in Waukesha can be charged for many different reasons. Whether you are found with drugs, weapons, or drug paraphernalia, the act of being in possession of an illegal item or substance can be charged multiple different ways and can lead to potential jail time, fines, or both.  You could also face suspension of your driver’s license if you are found to be in possession of drugs.  

The most obvious form of possession in Waukesha is for an item to be on your physical person. This can mean it is in your pocket, in your hand, in your mouth, or any other way it can be on your person. However, possession on your person is not the only way you can be charged with possession.

You can also be charged for having possession of an item over which you have actual physical control. You must have known control over an item to be in possession of it. For example, an item that is in your backpack or purse is in your actual physical control.

You can also be charged for possession ff an item is in an area over which you exert physical control. For example, if you are stopped by police and a search of your car reveals illegal drugs or a weapon in the glove box of your vehicle, you can be charged with possession for that item because it is an area over which you exert physical control (your car). Another example is if a firearm is found in the closet of your bedroom. That is also an area over which you exert physical control. Even though it is not on your physical person, and you are not actually manipulating the item, you can be charged with possession of the item.

Possession can also be charged to more than one person at a time. Drugs that are found in a car where multiple people can reach it can be attributed to anyone of those individuals. If there are four people in a car, and marijuana is found in the center console of the vehicle, all four people in the vehicle could be charged with possession of that marijuana.

Additionally, possession of an item does not mean ownership of an item. Even if you do not own the firearm that is found in your closet if it is in an area over which you exert physical control you can still be charged with possession of that firearm. Even if someone else were to contact the police and inform them that they were the owner of whatever substance was found, you could still be charged with possession if you meet the legal definition.

How long does possession stay on my record?

Conviction for possession of any illegal item will remain on your record for the rest of your life. Under certain circumstances, some offenses may be eligible for expunction. However, expungement does not remove the conviction from your record. Rather, it removes the CCAP record from public view. Possession convictions can have many long-term implications including difficulty finding jobs, housing, and missing out on student loans for school. You should not rely on expungement to remove a possession charge from your record.

How to beat a possession charge

Beating a possession charge can be very difficult under the circumstances of your case. If an item is found on your person, it can be difficult to disprove that you knew the item was there. However, in certain circumstances, possession is less clear. There are also potential challenges to the search that led to the discovery of whatever item you are charged with being in possession of.  If your car was stopped for a traffic violation, it is possible that any subsequent search of your car could be ruled illegal if the police did not have the required probable cause to search your car.  

Contact our team of award-winning Waukesha attorneys to review your case to determine whether you have any defenses to your possession charge. Whether you are facing a first offense DWI charge or a first offense possession charge, Tom Grieve has the expertise to help you drop or reduce your charges. 


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because we were prosecutors.

Tom Grieve, the firm's managing attorney and founder, is a former state prosecutor and is not the only ex-prosecutor at the firm. We love hiring attorneys from both sides of the wall to bring as many perspectives to fight your case as aggressively as possible. The State of Wisconsin likes it when you choose the run-of-the-mill fee to plea™ lawyers who don't even know how to analyze and defend cases instead of experienced criminal attorneys: