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

Drug possession in criminal charges may be 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 laws work, how you can be arrested for drugs that weren'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 drugs even if the drugs "were not yours." If law enforcement believes you have access to or control over the drugs, that's often enough to file a drug crime charge against you.

It then becomes your job, or more accurately, your criminal defense lawyer's job, to prove that you had no knowledge or control over the drugs. That's where strategy, timing, and evidence come into play.

Understanding the categories of possession and ownership is essential if you’ve been charged with drug offenses under Wisconsin law. Here are a few key points to begin. A knowledgeable criminal defense lawyer can help you understand your 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 decided on knowledge of drugs, access to drugs, control over drugs, and intent. Although you may not own a baggie of drugs, but it is in your possession (found directly on you, in your purse, in your house, in your car, etc.) law enforcement will likely arrest you with a drug charge. If you are, for example, holding drugs for a friend, this is still considered possession. 

Actual possession isn't always a gauranteed 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. 

What's the difference between knowledge, access and control?
This is where things get more complicated. If the police believe you knew the drugs were there, had intention to use or distribute the drugs, or simply had access to them, they can use this as support for a drug charge. Let's say you're driving a friend's car, and there are drugs hidden in the center console. Even if you were unaware the drugs were in the car, or were aware and had no intention of accessing them, using them, or distributing them, you may still be charged.  

It's important here to hire a criminal defense attorney right away. A sharp criminal defense lawyer will challenge whether you really had access to or knowledge of the drugs. Many people are unfairly caught up in possession cases when they have nothing to do with the drugs.

Joint Possession
Joint possession means two or more people have shared control over the drugs. This often comes up in roommate or relationship situations. Even if someone else brought the drugs into the space, you can still be arrested for drugs.

The prosecution doesn't have to prove sole ownership, just shared 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 that relate to various types of drug possession charges. Whether or not your case may relate 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 can be charged with drugs if they're found nearby. Police may argue you had access and opportunity to use or engage in drug distribution charges. It may not be fair, but it happens.

When it applies to your case, a skilled criminal defense lawyer can tell your story and explain that you had no control over the drugs or knowledge of their presence.

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. 

Your criminal defense attorney will need to show that you were not connected to the drugs in any meaningful way.

Suspicious Packages or Parcels
Signing for or holding onto 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 can help prove a lack of intent.

Just because the drugs were near you doesn't mean you're guilty. But proving you're not guilty requires more than just innocence. 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 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 can 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.
• 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 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, huge 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 may:

• Analyze the evidence
• Identify procedural mistakes
• File motions to suppress evidence
• Negotiate for dismissal or reduced charges
• Create a legal defense tailored to you and your story

If you've been charged with drugs, legal help isn't optional—it's essential.

Being arrested for drugs doesn't make you a criminal. Still, 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. These are only available if you have a solid criminal defense attorney who knows how to advocate for alternatives.

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.

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. The sooner you act, the more options you have.