Common Defenses for Drug Possession Charges

Being arrested for drug possession does not mean you have to be convicted, have to serve time, or deal with the consequences of having a criminal record. By starting your defense as soon as possible after an arrest, you give your defense attorney the best chance of limiting your exposure to these outcomes.

Some of the most common defenses against drug possession charges include:

  • Fruit of the Forbidden Tree: Your 4th amendment rights protect you from illegal search and seizure of your property. If you were the victim of an unlawful search, evidence obtained by law enforcement officers during the search is inadmissible in your criminal trial. A lack of evidence may result in a dismissal of your charges or provide the opportunity to plead to a lesser offense.
  • The Drugs Were Not Yours: You cannot possess what you don’t have. If, for example, you were driving a friend’s car or housesitting for a loved one, you should not be held criminally responsible for their drugs.
  • The Drugs Are Not Drugs: Law enforcement experts can make mistakes. It is rare, but not impossible, for crime lab analysis to determine that a substance is not the drug it appears to be. Cocaine results in criminal charges while baking soda results in dropped charges.
  • The Drugs Are Missing: Human beings make mistakes, and evidence can go missing. Chain of custody issues or lost evidence can torpedo possession charges.
  • Law Enforcement Violated Your Rights: Unlawful search and seizure is not the only example of law enforcement abusing their power to pursue a conviction. Planting evidence and entrapment are other abuses of power that serve as a defense in possession and other drug-related cases in Wisconsin.

The bottom line is that there are viable defenses to drug possession charges. Let an experienced drug defense lawyer build a strong defense for you.

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