Common defenses for drug charges in Wisconsin
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The Wisconsin Department of Justice (DOJ) reports that there were 792 drug crimes in Eau Claire County in 2021, which was an increase from the 606 in 2020. WQOW-TV reported that the White House's Office of National Drug Control Policy designated Eau Claire County as a high-intensity drug trafficking area, meaning the county would receive additional resources to coordinate federal, state, and local governments' efforts to fight drug trafficking and abuse.
Any person who is facing any kind of drug charge in the Chippewa Valley area should be certain they speak with the experienced criminal defense attorneys at Cohen Law Offices. Our firm knows how to defend people accused of all types of drug crimes, so you can count on us to fight and try to get your criminal charges reduced or dismissed.
Common Drug Crime Defenses in Eau Claire
There are often defenses available in drug cases. Whether there are in yours depends on the facts of case, so it is always advisable to speak to an attorney about your options. Some of the more common defenses lawyers raise in drug cases are discussed below:.
Unlawful Search and Seizure
The Fourth Amendment to the United States Constitution prohibits unlawful searches and seizures. A reasonable search typically involves a search warrant, but many police searches for drugs rarely involve warrants. Some of the exceptions to the warrant requirement that a court could deem permissible may include searches incidental to arrests, consensual searches, searches of objects in plain view, automobile exception searches, and other exigent circumstances. If an exception does not apply in your case, you may be able to have the evidence against you thrown out.
Drugs Belonged to Somebody Else
One very common defense in many drug cases is that drugs in question actually belonged to another person. This defense can be a little trickier when a prosecutor is attempting to hold an alleged offender accountable under a theory of constructive possession.
The Substance in Question is Not Contraband
In certain situations, an alleged offender could be charged with possessing a controlled substance that is not actually a controlled substance. An experienced attorney will know how to argue the alleged drugs were actually a lawful substance.
The Drugs Were Planted
It can be very difficult to argue that a police officer planted drugs on an alleged offender, but there can be cases in which people have no other explanation for how drugs were found. A criminal defense lawyer can begin investigating an officer’s history to see if this is a common complaint. There could also be benefits to speaking with other officers involved in an arrest.
Entrapment
Some people may have possessed drugs as part of sting operation that they would have not have committed unless they were induced to do so by law enforcement. When this occurs, they may be able to claim entrapment.
Call Cohen Law Offices Today
Call Cohen Law Offices at (715) 514-5051 or contact us online if you were arrested for any kind of drug crime anywhere in the greater Eau Claire area. Our firm handles all kinds of drug offenses, from simple possession to manufacturing to distribution.
