A drug possession charge in Wisconsin can feel like the ground’s been pulled out from under you. Whether the police found a small amount of marijuana or something more serious like cocaine or prescription pills, there is the potential for serious consequences. With a conviction, you could be left with fines, jail time, and a criminal record. 

Fortunately, being charged is not the same as being convicted. There are defenses, rights, and strategies that can make a difference in the outcome of your case.

Here are a few points to keep in mind when defending against drug possession charges in Wisconsin. They may be able to help you avoid the most serious aspects of your case.

Wisconsin’s Drug Possession Laws

Under Wisconsin law, it is illegal to possess a controlled substance without a valid prescription. These controlled substances include:

• Heroin
• Cocaine
• Methamphetamine
• Hallucinogens
• Non-prescribed medications

Possession charges can happen if the drugs were on you, or they were located in a nearby location. In any case, prosecutors may claim you had control or knowledge of them and that they were in your possession.

The penalties vary depending on the type of drug and whether you have had prior offenses. With a conviction, you can at a minimum expect hefty fines and possible jail time. Some drug possession charges can lead to a felony, which can carry prison time. 

Along with that, a conviction can carry long-term consequences, such as losing eligibility for federal student aid, trouble finding employment or housing, and a lasting criminal record.

Find a Lawyer Right Away

If you are facing drug possession charges, your first move should be to contact an experienced Wisconsin criminal defense lawyer. Drug laws are complicated, and the outcome of your case depends on how the evidence was collected, whether your rights were respected, and how well your defense is built from the start.

A skilled lawyer will review every aspect of your arrest. They will look for weak points in the prosecution’s case. You need this advice early on in your case. 

Unfortunately, prosecutors take drug crimes seriously. They rely on intimidating defendants into quick guilty pleas. When you have legal representation, they can help make sure that you don’t accept an unfair deal or overlook a viable defense that could lead to dismissal.

Defenses to Drug Possession Charges

No two drug cases are alike, but a few defenses can apply in Wisconsin drug possession cases. These include:

Illegal Search and Seizure

This is one of the most common and powerful defenses. The Fourth Amendment protects you from unreasonable searches and seizures. If police searched your car, home, or person without a valid warrant or probable cause, the evidence they found could be thrown out.

Lack of Possession or Knowledge

Prosecutors must prove that you knowingly possessed the drugs. If the drugs were found in a shared space, it can be difficult to prove who the drugs actually belonged to.

Chain of Custody Issues

Every piece of evidence must be properly handled and documented from the time it is seized until trial. If there are gaps or inconsistencies in the chain of custody, it could call the reliability of the evidence into question. Mistakes in labeling, storing, or testing the substance can be grounds for dismissal.

Medical or Prescription Defenses

If you had a valid prescription for the controlled substance, or if you are a registered medical marijuana patient from another state, your attorney may use this as a defense. 

With the right defense strategy, it is possible to minimize the impact of a drug possession charge. In some cases, you may walk away with your record and your future intact.

Protecting Your Future

Defending against drug possession charges in Wisconsin can feel like an uphill battle. When faced with a charge, the first thing you want to do is act quickly and get the right help. The sooner an attorney reviews your case, the more options you will have for your defense.

Remember that you are innocent until proven guilty. A charge is just the beginning of the process, not the end. 
At Melms Law, we are ready to defend you against these charges. Reach out to us for a consultation, and we can discuss your options.