Cocaine Possession

Cocaine is a Schedule I controlled dangerous substance (CDS). There are two different possession classifications regarding CDSs, with increasing punishments for repeated offenses. The two types of cocaine possession are simple possession and constructive possession. Although specific penalties vary state by state, a common set of factors is used to determine punishment severity.

Simple possession is the most obvious way in which a person can be charged with possessing cocaine. This is when the drug is in physical control, such as carrying the drug in a purse, bag, pocket, or anything else on the person. A common defense to a simple possession charge is pleading a lack of knowledge of the drugs existence. If the defendant does not realize that a purse/bag/object on their person has cocaine in it, this argument can be made. However, persuading a judge and jury can be difficult when taking this approach.

The second, broader categorization of cocaine possession is constructive possession. When a person has control of the object, even if it is not in their physical control, it is cited as constructive possession. Factors of this type include that the person has knowledge of the object, and intends to control it. For example, if the drug is in the back of someone’s car, simple possession is evident. When defending against a constructive possession charge, the defendant can argue that there was no intent or ability to control the drug.

In Wisconsin, possessing cocaine, or any other CDS, is illegal unless medically prescribed. Possessing a schedule I CDS is a class I felony, with punishments being a $10,000 fine, three-six years in prison, or both.

The website of Kohler Hart Powell, SC acknowledges how being charged with a cocaine possession or even developing a cocaine addiction can drastically affect one’s life. There are several approaches to minimize punishments, and seeking legal advice can be effective in doing so. A qualified lawyer can make a huge difference in the case especially if he specializes in that type of cases.

Determining if an Individual is Intoxicated

Despite the laws regarding marijuana becoming more casual in recent years, those who have been charged with a marijuana-related DUI can still suffer serious consequences. Driving under the influence of marijuana (or a combination of marijuana, alcohol, or any other drugs) is considered illegal and a criminal offense in all the 50 state of America. On its website, Mark Lassiter, Attorney at Law, a law firm in Dallas, Texas, states that there may be differences when it comes to how each state defines being “under the influence,” and the applicable punishments can also be distinct.

Being under the influence can be applied to a number of circumstances: (1) anyone who has been detected with ANY amount of marijuana in their system can be considered “under the influence” and charged with DUI in some states, (2) in some states, those who have above a specified blood or urine concentration levels could establish being under the influence, and (3) a person’s erratic or reckless actions or behavior (despite the amount of marijuana in the person’s system) could can be a basis for being “under the influence” is select states. Likewise, states also have varying definitions of “driving” where others define the vehicle moving and other states can include the vehicle being stationary.

The usual penalties for marijuana-relate DUI include monetary fines, imprisonment, or both, and may also involve suspension of driver’s license. On other states, there may penalties can also involve the use of an ignition interlock device that would prevent the person from starting the vehicle without a conducting a breathalyzer test first. Specific penalties can depend on each state, and may be a combination of penalties such as community service, license suspension, participation in drug and alcohol abuse programs or victim impact programs, probation, house arrest, fine, and jail time.