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CAUGHT WITH DRUGS? THESE 5 DEFENSES MAY KEEP YOU OUT OF JAIL

Admin • February 16, 2018
Caught with Drugs — Eau Claire, WI — Cohen Law Offices
The penalties for drug possession in Wisconsin are steep. In most cases, you will be charged with a misdemeanor if it is your first offense, but you may still serve time and pay a fine of up to $5,000, depending on the substance involved. Possession of heroin is an automatic felony. If you are caught with heroin, you could face 3 1/2 years in jail and a $10,000 fine, which is the same penalty you would face for a second offense involving any other substance. 

If you've been charged with possession of an illegal substance, you need a great defense. The following are five defenses that may help you avoid a conviction. 

1. UNLAWFUL COLLECTION

In order to be used as evidence, substances and paraphernalia must be lawfully collected during a legal search and seizure process. If you can prove that the items were seized unlawfully, you may be able to avoid charges altogether. The following are a few search and seizure violations that may be viewed as illegal. 
  • Items taken from your home without a warrant
  • Items removed from your person while you were being unlawfully detained
  • Items removed from areas that are not in plain view
Proving illegal search and seizure can be difficult as the laws are nuanced. There are also several exceptions. For example, officers are allowed to search a vehicle without a warrant, provided there is probable cause. 

2. FORCED POSSESSION

Another defense strategy involves the idea of forced possession. If someone coerced you or threatened you, leaving you no choice but to transport or hold an illegal substance, you may have a legitimate defense. To prove your case, however, your story must be plausible. you must also have some evidence to back up your claim. 

3. MISTAKEN POSSESSION

Although it can be a tricky defense to prove, you may win your case if you can show that you were not in possession of the drugs and that they actually belonged to someone else. For your defense to be plausible, there must be someone else you can pin the blame on. The type of possession you're charged with also matters. There are two types: 
  • Actual Possession - means that the drugs were found on your person, such as in your pockets or your personal bag. 
  • Constructive Possession - means that the drugs were not on you, but that they were nearby, such as in the center console of your car. 
As you can imagine, it's hard to prove your case if you're charged with actual possession. Constructive possession charges, however, are easier to prove, especially if there were multiple people involved. 

4. MISIDENTIFIED SUBSTANCE

Officers carry chemicals to test substances in the field. While the tests are mostly reliable, they can be wrong. A zealous officer may also misidentify a substance in the field. If you believe the substance in question is not an illegal substance, you can ask for independent testing. 

5. MISSING EVIDENCE

Recently, 77 cases were dismissed in a single county due to missing evidence. Similarly, cases all over the United States are dismissed almost daily because the evidence is lost, stolen or damaged. 

To prove their case, the prosecution must have sufficient evidence to prove your guilt. If the evidence is lost or if it gets destroyed, your case may get dismissed before you go to court. If not, your attorney can challenge the lack of evidence at your hearing and ask for the charges to be dropped. 

If you've recently been charged with drug possession, you need a competent attorney on your side. Call Cohen Law Offices, LLC today to make an appointment.
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