Can I Be Arrested for Drugs That Aren't Mine?

In Wisconsin statutes, drug possession is defined differently than how we use "possession" or "ownership" in our day to day conversations. The consequences of being arrested for drug charges and possession can be life changing, and its important to know exactly what you may be charged with and why. 

This article breaks down how Wisconsin drug possession laws work, how you can be arrested for drugs that aren't yours, and why having the best criminal defense attorney in Wisconsin is critical to fighting for your rights.

Yes, you can absolutely be charged with possession of drugs even if the drugs did not belong to you.  Possession is defined differently than ownership.   If law enforcement believes that you knew what the substance was, had control over the drugs, or even intended to exercise control over them, that's often enough to file a drug crime charge against you.

Understanding the deffrences between possession and ownership is essential if you’ve been charged with drug offenses under Wisconsin law.  A knowledgeable criminal defense lawyer can help you understand your specific charge, why you may have been charged, and how to best protect you moving forward. 

What's the difference between Ownership and Possession?

Drug charges are often based on knowledge, access, and control over drugs, as well as intent. Although you may not own a baggie of drugs, if it is in your possession (found directly on you or in another place which suggests you had possession and control over it like your purse or your car) law enforcement will likely arrest you for possession. If you are, for example, holding drugs for a friend, this is possession. 

Actual possession isn't always a guaranteed conviction. A good criminal defense attorney will still scrutinize every aspect of the stop and search that led to your arrest and help you either reduce, dismiss, or take charges to trial. 

How does an attorney challenge questions of knowledge, access and control?

A sharp criminal defense lawyer will challenge whether you really had knowledge, access or control of the drugs. Many people are unfairly caught up in possession cases when they have nothing to do with the drugs but they are found in close proxiomity to others who are involved with or carrying controlled substances without their knowledge.  It is important to understand every detail of the event to build a defense which addresses these issues.

Can two or more people be charged with possession of the same drugs?
Yes, more than one person are sometimes charged with possession of the same drugs.  Joint possession means two or more people have shared access or control over the drugs or the intent and ability to access and control them. This often comes up in roommate or relationship situations or people riding in the same car. Even if someone else brought the drugs into the space, you may still be arrested for possession if law enforcement believes you knew about them and either controlled or planned to control them.

In joint possession, the prosecution doesn't have to prove sole ownership, just shared control and access. A seasoned criminal defense attorney will analyze your unique case and help protect you from unfair charges and proesectution.

Here are a few common situations which may lead to various types of drug possession charges. Whether or not your case is similar to any of these scenarios, a great criminal defense attorney will help you navigate your charges and help you build a defense to protect you. 

Shared Vehicles or Apartments
If you're riding in a friend's car or staying in a shared apartment, you might be charged with drugs if they're found near where you were loacted within the car or apartment. Police may argue you had access and opportunity to use or engage in drug distribution charges. It may not be fair, but it does happen.

If this happens to you, a skilled criminal defense lawyer can tell your story and show that you had knowledge of the drugs and no acess or control over them.

Social Events or Parties
At house parties or social gatherings, everyone may become a suspect if drugs are found. Police regularly arrest multiple people at once under the theory of joint or constructive possession, sometimes because they can't decide who owns them.

Your criminal defense attorney work with you to show that you were not connected to the drugs that were found.

Suspicious Packages or Parcels
Signing for or holding on to a package you didn't know contained illegal substances can also lead to you being charged with drug possession. The DEA and local narcotics units often monitor packages, and an innocent favor for a friend can result in a felony drug crime charge.

In these cases, your criminal defense attorney will work with you to show a lack of knowledge that the package contained controlled substances.

Just because drugs are found near you doesn't mean you're guilty of possession. But demonstrating that you are not guilty requires challenging the state's allegations and evidence with skill. You and your criminal defense lawyer will need to figure out how to best tell your story and use the available evidence. That's where having the best criminal defense attorney in Wisconsin makes all the difference.

What Evidence Helps?
Eyewitness accounts, surveillance video, lack of fingerprints, and clean phone records can sometimes support your defense. An experienced criminal defense lawyer will take the time to dig deep and demonstrate that you weren't involved with the drugs. This effort may lead to charges being dropped or reduced.

After you hire a skilled criminal defense lawyer in Wisconsin, it is important that you are an active participant when going through discovery and making sure your attorney has access to all relative information and evidence.

Your criminal defense lawyer will tailor your defense based on your unique circumstances. There are several legal paths to fight a drug crime charge in Wisconsin.

Common Defenses

• Lack of knowledge: You didn't know the drugs were there.
• Lack of intent: You didn't plan to use or distribute the drugs.
• Illegal search and seizure: Officers violated your Fourth Amendment rights in searching and collecting evidence.
• Ownership by someone else: The drugs belonged to another person.
• Chain of custody issues: The evidence isn't reliable or may have been tampered with.

The best criminal defense attorney in Wisconsin will evaluate every detail to form a strong response to your charges.

Stay Calm and Remain Silent
If you're arrested for possession of drugs, stay calm and say nothing beyond identifying yourself. Do not attempt to justify, explain, or argue your innocence on the spot—anything you say may be misinterpreted and used against you in court.

Request Legal Representation Immediately
Immediately request a criminal defense lawyer and avoid saying anything further. Trying to explain your situation without legal guidance can unintentionally harm your defense and give prosecutors evidence to use against you.

Do Not Consent to Unwarranted Searches
Police may ask to search your car, home, or belongings without a warrant but you are not required to say yes. Clearly state that you do not consent to any searches without a warrant. This preserves your Fourth Amendment protections and gives your criminal defense attorney a stronger position to challenge any illegally obtained evidence later in court. If you have any questions or concerns about searches, call your attorney. 

A drug crime conviction can have long lasting negative impacts on your future. This may include jail or prison time, significant fines, loss of employment, and a permanent criminal record. With the best criminal defense attorney in Wisconsin, you're walking into a courtroom with someone on your side ready to protect you from these potential harms. 

Your lawyer will:

• Meet with you to gather information to undertand your unique circumstances
• Create a legal defense tailored to you and your story
• Analyze the evidence
• Identify procedural mistakes
• File motions to suppress evidence
• Negotiate for dismissal or reduced charges

If you've been charged with possession of drugs, legal help can be essential to obtaining the outcome you need.

The consequences of a drug conviction can impact your education, career, and future opportunities.

College Students
You could face university discipline on top of legal charges. That means suspension, expulsion, or losing scholarships. A criminal defense lawyer can often intervene early and keep your academic future intact.

First-Time Offenders
You may qualify for diversion or deferred prosecution programs. An experienced criminal defense attorney knows how to effectively advocate for alternatives with prosecutors and will guide you through the steps you need to take to have the best chance of being offered an alternative agreement.

Professionals and Businesspeople
A drug crime conviction can impact future hiring and career opportunities. Your criminal defense lawyer must work fast to prevent long-term damage to your reputation and licensing.

At Nelson Defense Group, we know how frightening and unfair it is to be charged with drugs you didn't possess. From our office in Hudson, we handle drug crime cases across Wisconsin and have the courtroom experience to fight back.

Our attorneys will:

• Get to know you and your case
• Investigate every detail of your arrest
• Challenge faulty police procedures
• Gather evidence to support your story
• Build a rock-solid defense to protect you from unfair charges and consequences

Call us today to speak with the best criminal defense attorney in Wisconsin for a free consultation.