Drug cases often rely on a variety of circumstantial evidence. Circumstantial evidence, unlike direct evidence, does not directly prove anything. Instead, it relies on inference.
In Wisconsin, drug cases may involve several types of circumstantial evidence. Each can play a major role in determining the outcome of the case.
Physical evidence
Physical evidence in drug cases can include substances seized during a search or arrest. This could involve actual drugs, drug paraphernalia such as scales or baggies, or other items associated with drug use or distribution.
Witness testimony
Eyewitness testimony can also serve as circumstantial evidence in drug cases. It may involve statements from people who say they observed drug-related activities, such as buying or selling drugs, using drugs or discussing drug transactions.
Financial records
Financial records can play a big role in drug cases, particularly those involving drug trafficking or distribution. Evidence such as bank statements, wire transfer records or cash transaction logs can indicate patterns of financial activity consistent with drug sales or purchases.
Surveillance footage
Video recordings from security cameras or other surveillance devices may capture footage of drug transactions, meetings between individuals or other seemingly incriminating behavior.
Communication records
Analysis of phone records or text messages may show conversations that seem to discuss drug transactions, coordinate drug deals or arrange meetings related to drug activity. Prosecutors may use communication records for a timeline of events and to establish connections between individuals.
Circumstantial evidence can be very subjective. Defendants have several ways to undermine the credibility of such evidence, depending on their unique circumstances. For example, if physical evidence is in a defendant’s car, arguing that someone else had access to the vehicle can raise questions about the evidence’s reliability.
Nevertheless, many pieces of circumstantial evidence can contribute to building a compelling case. It is important for defendants to be aware of these types of circumstantial evidence.