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Defense Strategies For Drug Charges In Wisconsin

7 Defense Strategies for Drug Charges in Wisconsin

Drug possession often leads to drug charges in Wisconsin. These charges carry severe penalties, some of which may affect your life for years to come if not longer. Jail time, fines, loss of rights and privileges, reputational damage, and an impact on personal and professional relationships are all potential fall-outs from a drug conviction.

However, there is one important point to keep in mind: A drug charge does not guarantee a drug conviction.

Anyone who is charged with a crime is entitled to due process under the law, during which the prosecution must prove the case against you. This provides the accused with an opportunity to mount a defense to drug charges and avoid the worst of the penalties for conviction.

The criminal defense attorneys at Eisenberg Law Offices represent people facing drug charges throughout Wisconsin. Below, are some of the possible strategies that could be used in your defense.

Defense Strategies to Drug Charges

  1. Unlawful Searches and Seizure. The Fourth Amendment to the U.S. Constitution protects against unlawful searches and seizures. It can be argued that drugs were found as a result of an illegal search and they can be tossed out as evidence.
  2. The Drugs Aren’t Yours. Saying you didn’t do it or the item in question is not yours is a common defense to many criminal charges, including drug possession. Claiming that the drugs were not yours and you do not know how they came to be in your house/car puts an even further burden on the prosecution to prove without a shred of doubt that the drugs found belonged to you.
  3. Crime Lab Analysis. Facts matter in criminal cases, which is why crime labs are tasked with testing the materials found to determine if it is indeed a prohibited substance. Your defense attorney will be certain to require crime lab analysis to make sure the substance you are accused of possessing is actually that substance.
  4. Lack of Evidence. Prosecutors must prove without a doubt that you are guilty of what you have been accused of. This can be impossible to prove if evidence goes missing. In the case of drug crimes, the drugs in question have been known to be misplaced or lost through improper police handling. You can be sure that your defense attorney will demand proof that the drugs exist and are in police evidence storage. Without this damaging evidence, the prosecution’s case can easily crumble.
  5. The Drugs Were Planted. Police have been known to plant drugs. Although it is difficult to prove that an officer is lying and break through the belief system that a sworn officer could behave illegally, a skilled defense attorney will file motions and request documentation to examine the officer’s history, including complaints made against the officer. This information could lead to new witnesses or evidence that may be used to discredit the officer and help prove that the drugs were planted.
  6. Entrapment. While sting operations are legal in Wisconsin, sometimes they cross the line and cause individuals to commit crimes they might not otherwise have committed. In drug cases, entrapment most often occurs when an informant pressures the suspect into holding on to or delivering drugs that have been provided to the informant by the state/sting operator.
  7. The Medical Marijuana Exception. It is legal to possess and use marijuana for medical purposes in Wisconsin. If you are caught in possession of marijuana and have a doctor’s signed recommendation for use, you may use this in your defense of state charges. It may also be possible to build a defense around the medical marijuana exception if you can prove that it is medically necessary for you.

            Fight Drug Charges With an Experienced Criminal Defense Attorney by Your Side

            If you have been charged with a drug crime, you may believe there is no hope and no legal recourse to protect you. But these defense strategies outlined above have proven successful for other people who have faced drug charges in Wisconsin. Contact the criminal defense lawyers at Eisenberg Law Offices for a free case consultation to discuss your options and restore your hope.

            Schedule your free consultation by calling 608-256-8356 or emailing



            Eisenberg Law has successfully represented our clients in thousands of Personal Injury, Criminal Defense and Family Law Cases during our 30-plus years in business.