5 Defenses for Drug Possession in Wisconsin

Drug Possession in Wisconsin -5  Potential Defenses

Drug possession is a felony in Wisconsin, so it’s understandable that you’d want to fight the charges. However, be careful doing this because while there are potential defenses, what might look like an easy case to you can run into complications and obstructions if you don’t have good representation. You must meet with a lawyer to discuss possible defenses against a drug possession charge.

Not Really Drugs

It happens: You’re carrying something that looks like it could be a drug but really isn’t. In the past, tea leaves have been mistaken for marijuana, and drywall dust was mistaken for cocaine. You can have the substances tested, though, and present the results in court. Of course, this defense is only good if you really were carrying something innocuous.

Two Technicalities

Two more defenses are based on properly interpreting and carrying out the law. One is improper search and seizure. Maybe you had drugs on you, but if the police discovered them in a way that violates the law, you could get the charges dropped or reduced. A second is that the evidence is lost. There is no guarantee that this defense would always work, but if your lawyer can prove that crucial evidence is not present, that could change the case in your favor.

Coercion and “Not Mine”

Two additional defenses are much tougher to prove, but could be appropriate given the circumstances. One is that you were coerced into holding the drugs. You’d have to be able to prove that you faced a situation in which you thought you had no choice but to comply because of the threat of harm. The other is that the drugs belonged to someone else.

Before you attempt any of these defenses, contact Eisenberg Law Offices for a consultation. Work with our lawyers to find the best defense for your case.

EISENBERG LAW OFFICES

308 East Washington Avenue Madison,
WI 53703
(608) 256-8356

Eisenberg Law Offices, s.c.

Madison WI Attorneys since 1983

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