Do you have a defense against your drug possession charge?

On Behalf of | Sep 26, 2019 | Firm News

Your recent run-in with Wisconsin law enforcement resulted in a drug possession charge. You know the truth of the matter, that the drugs are not yours, but you have to prove that beyond a shadow of a doubt.

Desert Hope Addiction Treatment Center offers a few defenses for drug charges. Learn how to untangle yourself from a horrible situation.

Unwitting possession

The truth of the matter may be that you were truly unaware you had drugs in your jacket pocket or elsewhere on your person. It could be you borrowed an article of clothing or maybe even your friend’s vehicle when police pulled you over and spotted the drugs. Your friend may have forgotten about them, and you were so focused on getting to your destination that you did not notice them, either.

A violation of your constitutional rights

In the above scenario, the drugs in your friend’s car were in plain view. Under other circumstances, the drugs could be in the glove compartment, trunk or otherwise concealed. Some police officers ignore a citizen’s verbal decline to a request for a vehicle search, nor does reasonable suspicion exist. No matter if the officer finds drugs, she or he violated your legal rights.

Constructive and actual possession

With drug possession, there is constructive possession, wherein you know where drugs are, but you do not have physical contact with them. Maybe you know your friend has drugs in the house or car but do not involve yourself in the matter. With actual possession, the drugs are physically in your pocket, luggage or elsewhere on your person. If you do not fit into either category of possession, it becomes more difficult to convict you.

This information is only intended to educate and should not be interpreted as legal advice.