For more than twenty years, Attorney John A. Birdsall has been defending the rights of people who were wrongfully charged, falsely accused, and unjustly convicted of criminal charges ranging from simple possession of THC to trafficking heroin. Together with criminal defense attorney "TJ" Perlick-Molinari, Birdsall Law Offices, S.C. maintains an acquittal rate that is 3 times the Wisconsin state average. They have defended the most difficult of drug cases, with the most overwhelming evidence and prevailed at trials that others thought were surely lost.
State of Wisconsin -vs- You on Possession Charge
In order to win a conviction, the prosecuting attorney will be required to prove three elements of the crime of possession of a controlled substance.
Birdsall Law Offices, S.C. - acquittal rate 3 times the Wisconsin state average.The state's prosecuting attorney must prove that the alleged defendant actually possessed the drug or drugs. Possession in this context means that the drug or drugs were "actually" under the "physical control" of the defendant.
Physical control means that the drug or drugs were on the defendant's body or in any area that the defendant had actual control over at the time or intended to exercise control over at a later time.
At any given time, more than one person can have "possession" over the same item.
The state's prosecuting attorney must also prove that the substance was a controlled substance - an illegal or legal drug. In order to prove that the substance was a drug, the prosecuting attorney will subpoena expert testimony from a Wisconsin state crime lab specialist who will test and give testimony as to the exact makeup of the substance - marijuana, cocaine, heroin, crack, etc.
Actual Knowledge
The state's prosecuting attorney will also have to prove that the defendant actually knew that the substance in his or her "possession" was an illegal drug. As with most crimes, the element of "knowing" must exist, and the same is true of drug crimes. The defendant must have known that he or she was breaking the law.An arrest for possession of a controlled substance is an accusation. It is not a conviction. The state must prove its case.
Common Defense To Possession charges
In most cases, the real debate will come down to whether or not the defendant "knew" that the drugs were even there (assuming that the drugs were not on the defendant's body). Perhaps the defendant lent his or her jacket or car to a friend, and the friend accidentally left some joints in the jacket pot or a bag of pot in the glove box.
Another frequent question is whether or not the defendant could have even had control over the drugs. And lastly, whether or not the defendant could have even known he or she was breaking the law. It is entirely possible for a person not to even know that a substance is a drug. For example, some people may not even recognize hits of crystal methamphetamine, and cocaine can be mistaken for powdered sugar or baking soda.
Jurors however use common sense. They make their decisions based on their belief of the defendant's knowledge and the circumstances of the case that they learn about during the trial. If a defendant has prior convictions for possession of a controlled substance, or if a defendant associates with other people who have prior's, the jury would likely have a very difficult time believing that the defendant lacked the actual knowledge that the substance in his or her possession was an illegal drug.
For a free initial consultation to discuss your situation, please call 1-866-493-0726, e-mail -
- or send your case information to the attorneys at Birdsall Law Office, S.C..
The criminal defense attorneys at Birdsall Law represent people across the state of Wisconsin and routinely appear in the counties (and cities) listed below.
