Defense strategies often used to refute charges of drug crimes

On Behalf of | May 16, 2019 | Drug Crimes

Wisconsin police must have reasonable cause to make a traffic stop. They must determine probable cause to make an arrest. Sometimes, they make impromptu visits to private residences. In any case, if a man or woman winds up facing charges for alleged drug crimes, he or she will need to know how to build a strong defense.

If a driver has been detained on the side of the road, it does not necessarily mean the police officer in question has obtained a warrant to search his or her vehicle or person. In fact, many drug crime cases are later dismissed when defendants can show evidence that their personal rights were violated during a traffic stop or at a residence. The Fourth Amendment of the U.S. Constitution protects against unlawful searches and seizures. 

If prosecutors claim that marijuana or some other drug was found in a defendant’s car, it does not prove that the drug belonged to him or her. Especially if there were passengers in the vehicle or other people present in a residence when police made an arrest, it is quite possible that substances or items belonged to someone other than the defendant. A laboratory analysis must also prove that the substance prosecutors claim is in illegal drug actually is what they say it is.

Many defendants refute drug crimes charges by stating that they were induced to commit a crime they would otherwise not have committed, except that they were under duress or pressured by an informant or police officer with drugs provided by the state. Penalties for conviction of drug offenses in Wisconsin can be quite severe. A defendant increases his or her chances of obtaining as positive an outcome as possible if he or she requests experienced legal representation before heading to court.

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