Understanding Possession Laws in Wisconsin

In Wisconsin, as in many states, possession can be a crime. You can illegally possess drugs, drug paraphernalia, firearms, or many other items. Before you assume you are safe on these fronts, though, you should know that possession is not always obvious. Depending on your circumstances, you may be arrested without even being aware you had legal possession.

Physical Control

The most obvious kind of possession comes when you have something with you. If you have drugs or a firearm in your hand or in your pockets, you have legal possession. It does not matter in these instances whether you own it. If someone hands you a gun or drugs, you are in possession of those items.

Your Property

You don’t have to have physical possession of something to have legal possession. If it is on your property, or in a space you own, you can also be in possession. This can include a room in your house, an apartment, a storage space, or anything else that is in your control. If you own or lease space somewhere, and an illegal product is found there, you may have possession of that product under the law.

Shared Possession

Possession is not just a matter of choosing a single person. If you are in a shared space, whether an apartment with a roommate or even a car in which you are one of several passengers, everyone in the apartment or car can be considered in legal possession. Here it does not matter who owns the item or is responsible for it being there. If you have any right of control over the space, you and everyone else can be found in possession.

Your Legal Rights

None of this means that you do not have options. If you are arrested for possession, you should contact an experienced criminal defense attorney to help you understand your rights. At Eisenberg Law Offices, we have experience with these issues and with the courts that handle them in the Madison, Wisconsin area. Contact us today for a strong defense against charges for possession crimes.