How You Can Defend Against a Drug Possession Charge

Are you facing Drug Possession Charges in Wisconsin?

Drug charges are serious, and you don’t want to be held responsible for drugs that weren’t yours, especially if you didn’t even realize they were around. Finding out that someone has stashed drugs on you purposefully but without your knowledge, or finding out when you borrowed someone’s car that they had left some drugs inside, can be nerve-wracking. All is not lost, however; you have a number of defenses available depending on how the drugs were discovered.

A Drug Search That Violates Your Rights

It’s possible that you already knew the drugs were there, but if the officer who found them did not conduct the search properly, you may be able to beat the charges. If the officer had no probable cause to search you or the area in which the drugs were found, or if you and other people nearby refused the officer’s request to search, then the officer should not have searched. And if the drugs were found during that unauthorized search, they might not be admissible in court.

You Really Didn’t Know

Sometimes you end up around drugs that you didn’t even know were there. Maybe you borrowed a friend’s car in a rush, or you were walking with people who were searched for another reason, and the officers found the drugs then. If you can prove that you really did not know there were drugs present, you may be able to get the charges dropped.

You Don’t Meet the Guidelines for True Possession

Legally, you can have constructive possession — you knew the drugs were there somewhere but didn’t have them yourself and didn’t see them — and actual possession, in which you actually had the drugs. If you didn’t actually have the drugs, and you didn’t know they were around, you really don’t meet either of those types of possession. That makes the prosecution’s case a lot harder as now there may be much less evidence that you should be held responsible for the drugs.

If you’re facing drug charges, contact Eisenberg Law Offices at 608-256-8356 immediately. You’ll need legal assistance to find the correct defense against these charges.