Wisconsin, one of several midwestern US states, is known for its strict drug policies. Possession of marijuana, which is widely endorsed by a majority of the states, for instance, warrants felony charges coupled up with other punishable offenses that can arise depending on the circumstances under which the law enforcing agencies find one in possession.
Like in any other state, both the short and long-term implications of being found guilty of drug-related charges in Wisconsin can be devastating. A strained record can not only position hurdles in job-seeking attempts but also prove to be detrimental in other aspects of one’s life, such as being eligible for loans, having the ability to rent a home, child custody battles, among other lifelong implications.
Some of the ways to get off the hook while being charged with a drug crime in Wisconsin include the following:
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AGGRESSIVELY CHALLENGE THE SEARCH AND SEIZE PROCESSES
As per the Fourth Amendment of the United States Constitution, Wisconsin, as well as the Federal Government’s Laws, police must first obtain a search warrant before rummaging into a home or any other location. Illegal searches and seizures cannot, therefore, be presented as evidence during a trial as the Court of Law will dismiss them.
Nevertheless, it is essential to note that they are exceptions to warrant requirements in Wisconsin, which touch on drug charges. For instance, under the ‘emergency doctrine,’ police may search a premise or any other location without a warrant due to exigent circumstances. Additionally, if the evidence is in plain view, then the police do not need to obtain a permit to make an arrest.
OBJECT THE PRESSED POSSESION CIRCUMSTANCES
If more than one person was present at the time when the drugs were discovered, then a lack of possession can be one of the most crucial defences to cling on. For instance, if the drugs are found in an apartment hosting multiple tenants, there is a great possibility that the drugs do not belong to the accused.
On a different note, one can leverage on an entrapment defence, a circumstance where the police abuse their power to force a person into unwillingly committing a crime. For example, if a law enforcement officer tipped someone to plant the drugs on you forcefully, and you manage to prove the same before the court of law, then charges against you will be dropped.
WORK WITH AN EXPERIENCED CRIMINAL ATTORNEY
Even before challenging the search and seizure protocols or objecting to the possession circumstances, if you’re charged with a drug crime, hire a top criminal defense lawyer. A reputable attorney well-versed with matters drug charges is better placed at coming up with workable defence strategies against the charges.
Despite the complicated nature of Wisconsin drug laws, an experienced attorney can proficiently assess the charges you are facing, their implications, and how to proactively work against them. This is in such a manner that will either scrap off the charges or significantly reduce the sentence served by the Court of Law.