How Can You Fight a Drug Possession Charge in Wisconsin?

 Posted on May 22, 2025 in Drug Charges

Defending a drug possession charge in Wisconsin requires a nuanced understanding of the laws that govern these cases. The first line of defense is to work with an experienced Pewaukee drug crime defense attorney who will gather the evidence needed to provide the most robust method for challenging your charges given the circumstances of your arrest. Consider how these cases are built and what your attorney will do to protect your rights. Even when conviction seems inevitable, a knowledgeable attorney may, at the least, be able to minimize the consequences.

What Are Your Rights When Facing a Drug Possession Charge in Wisconsin?

Understanding your fundamental rights when facing a criminal charge is important. For example, you have the right to refuse to answer any questions from law enforcement until you have a legal representative present, and under Wisconsin law and federal, you are presumed innocent until the prosecution can prove guilt beyond a reasonable doubt. You also have the right to a fair, public trial, allowing you to present evidence in your defense and cross-examine the prosecution’s witnesses. Knowing and asserting your rights is part of building a strong defense strategy.

How Will an Attorney Get Evidence To Defend Against Drug Possession Charges in Wisconsin?

The prosecution will present evidence against you to try to prove that you are guilty of the crime of drug possession. Fighting those charges relies on the methodical collection and presentation of your own evidence. To build your case, your attorney will often work with you to do the following:

• Collect documentation, such as police reports and laboratory analysis, for review

• Find and interview potential witnesses, including anyone who can offer credible insight into the circumstances of your arrest, the police’s search and seizure, and your character

• Investigate the case independently, sometimes using forensic experts and private investigators

• Examine the chain of custody for the drugs to ensure no one tampered with the evidence

• Evaluate the search and seizure process to ensure your Fourth Amendment rights were not violated

A substantial collection of evidence can help build a compelling defense.

What Are the Alternative Sentencing Options if Convicted of Drug Possession in Wisconsin?

Wisconsin law permits alternative sentencing options in some low-level possession cases. It can mean reducing the charges against you or even a dismissal. For example, deferred prosecution programs allow you to participate in rehabilitation or drug treatment programs instead of conviction, and if you complete the program, the court may dismiss the charges.

Similarly, you can sometimes complete community service or another diversion program that allows you to avoid conviction. Your attorney may be able to negotiate a plea that includes probation rather than incarceration. You can speak with them about the availability of these options in your situation.

Talk to a Waukesha, WI Drug Possession Defense Attorney Today

If you are facing a drug possession charge in Wisconsin, you likely have many questions about what you can do to avoid the sometimes devastating penalties. A Pewaukee, WI drug possession defense lawyer at Bucher, Wolff & Sonderhouse, LLP will walk you through the laws that apply to these cases and what they mean for your defense. We understand how intimidating the potential outcome of a conviction can be and will fight to protect your rights along the way. Call 262-232-6699 to schedule your free consultation. We are available 24 hours a day, seven days a week to take your call.