Following an arrest on drug possession charges in Wisconsin, you may wonder whether you can get your charges dismissed. Depending on the facts in your case, you may have defense strategies available to challenge the prosecution’s evidence to seek a reduction or dismissal of your charges.
Wisconsin’s Drug Possession Laws
Wisconsin law prohibits simple possession of drugs and possession of drugs with intent to distribute. The possession with intent to distribute statute makes it illegal for a person to possess, with intent to manufacture, distribute, or deliver, a controlled substance or controlled substance analog. The law allows the state to prove intent to distribute by the quantity or monetary value of the drugs at issue, the possession of manufacturing or packaging equipment, or the activities of the person in possession of the controlled substance.
The simple possession statute makes it illegal to possess or attempt to possess a controlled substance or controlled substance analog unless one obtains the substance or analog directly from or under a valid prescription of a medical practitioner or unless the law otherwise authorizes one to possess the substance.
Penalties for a drug possession conviction vary based on the type and quantity of drugs involved. Possession of Schedule I and II drugs carries the harshest penalties.
Defenses to Drug Possession Charges
You may have various factual and legal defenses available to get drug possession charges dismissed in Wisconsin, depending on the circumstances in your case. Common defenses in drug possession cases include:
- Proving that the substance at issue is not a controlled substance or controlled substance analog or challenging the reliability of the lab results confirming the nature of the substance
- Proving a break in the chain of custody to argue that the substance submitted into evidence at trial is not the substance seized from the defendant
- Proving that you lawfully possessed the drugs, either through a lawful medical prescription or other statutory authority
- Arguing that you did not knowingly possess the drugs at issue or proving that the drugs belonged to someone else, such as by showing that you lacked control over or access to the drugs or showing that someone else placed the drugs in your home or car without your permission or knowledge
- Challenging the lawfulness of the police’s search and seizure, such as by challenging the validity of a traffic stop, arguing that police lacked probable cause or a lawful basis for a warrantless search, or showing that a search warrant lacked probable cause
Successfully raising defenses in a drug possession case may lead the trial court to exclude evidence as unreliable or illegally obtained. When the prosecution lacks sufficient evidence to bring you to trial, you can file a motion to reduce or dismiss your charges.
Contact a Wisconsin Criminal Lawyer Today
If you were arrested and charged with drug possession in Wisconsin, you need experienced legal counsel to protect your rights, freedom, and future. Contact J. Kippa Law, LLC, today for a free, confidential consultation with a knowledgeable criminal defense attorney to discuss your options for resolving your charges.