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Posted on 03/14/2023 in Category 1

Defending Against Drug Possession Charges in Ohio

Defending Against Drug Possession Charges in Ohio

Being caught in possession of drugs in Ohio can be a frightening experience, but being charged with drug possession can be even more life-altering. A drug possession charge can result in serious legal consequences, including fines, probation, and even incarceration, not to mention the plethora of collateral consequences that follow. A conviction for drug possession can result in long-term collateral consequences, such as difficulty finding employment or housing, loss of certain rights, and damage to one's reputation. 


It is a common occurrence for individuals facing drug possession charges to go it alone, without the assistance of a Cincinnati criminal defense lawyer. This can be due to feelings of fear, embarrassment, or a belief that they have no defense. However, it is important to understand that facing drug possession charges without the help of an experienced attorney can lead to dire consequences. An attorney can provide valuable guidance and support throughout the legal process, helping individuals to understand their rights and options for defense. With the help of a skilled Cincinnati criminal defense lawyer, individuals facing drug possession charges can work towards a better outcome for their case, whether through a plea bargain, dismissal of charges, or other legal strategies.


What To Do After Being Arrested For Drug Possession

If an individual is arrested for drug possession in Ohio, it is important to remember to say as little as possible during the arrest. Arrestees are not required to answer any questions except for providing their name and address. 


Once they arrive at the police station, the arrested individual should immediately request their telephone call and contact an Ohio drug crimes lawyer. If they don’t have the contact information of a local Ohio drug crimes lawyer or Cincinnati criminal defense lawyer, they can ask a friend or family member to locate one for them. If police officers ask any questions, it is recommended that the arrestee respectfully tell them that they are invoking their right to remain silent. Do not respond to any questions, even if the officers continue to ask. Individuals that are under arrest only need to state they do not intend to answer any questions without a Cincinnati criminal defense lawyer present.


After being brought to the police station and processed through booking, the arrested individual will be held until an arraignment hearing is scheduled. During this hearing, a judge will explain the legal rights and charges against the individual, otherwise known as the defendant once court proceedings begin. The judge will also ask the defendant to enter a plea. If the defendant does not have an Ohio drug crimes lawyer, it is recommended that they plead not guilty. It is crucial during the arraignment hearing to request bail as well. If the judge grants bail, the defendant can pay it and avoid staying in jail until their case is set for a hearing or trial. Remember, it is important to contact a Cincinnati criminal defense lawyer or Ohio drug crimes lawyer as soon as possible to protect the defendant’s rights and ensure the best possible outcome for their case. 


Possible Drug Possession Defense In Cincinnati

Drug possession charges in Ohio can be serious and carry severe consequences, including jail time and hefty fines. However, there are several possible defenses that a defendant can use to fight these charges. The success of these defenses depends on various aspects of the case, including the facts of the case, the evidence the prosecution has against the defendant, and the manner in which the police conducted their investigation. Possible defenses against drug possession charges in Ohio include:


  • Illegal Search & Seizure Defense - Illegal search and seizure is a possible defense to drug possession charges in Ohio. If law enforcement officers obtained evidence through an illegal search, the defendant's attorney may be able to argue that the evidence should be excluded from the case. This defense may result in the dismissal of charges or a reduction in penalties.

  • Not Actually In Possession Of Drugs - A possible defense in drug possession cases is to argue that the defendant did not have actual or constructive possession of the drugs. For instance, if drugs were found in a home or vehicle which multiple people have access to, such as roommates or passengers, the defendant can argue that the drugs did not belong to the defendant and that you had no control or knowledge of their presence. This defense can be effective if there is no direct evidence linking the defendant to the drugs, such as fingerprints or eyewitness testimony.

  • Lack Of Chain Of Custody - Lack of chain of custody is another possible defense for drug possession charges in Ohio. This defense argues that the prosecution has not established the continuity of possession and control over the drugs from the time they were seized to the time they were tested in the lab. If the defense can show that there were gaps or inconsistencies in the chain of custody, it can cast doubt on the authenticity or integrity of the drug evidence and potentially result in its exclusion from the case.

  • Miranda Rights Violation - A violation of Miranda rights can be a possible defense to drug possession charges in Ohio. If law enforcement officers fail to properly inform an individual of their right to remain silent and have an attorney present during questioning, any statements they make may be inadmissible in court. This defense can be particularly effective if the prosecution's case relies heavily on the defendant’s statements or confession.


Contact A Cincinnati Criminal Defense Lawyer Near You 

If you are facing drug possession charges in Ohio, it is important to seek legal representation from an experienced Cincinnati criminal defense attorney. Drug possession charges can carry severe consequences, including jail time and hefty fines, and can have a long-lasting impact on your life. An experienced Cincinnati criminal defense attorney can review the facts of your case, assess the strength of the prosecution's case, and determine the best course of action. They can also identify any potential defenses that may be available to you and advocate for your rights and interests throughout the legal process. By working with a skilled Cincinnati criminal defense attorney, you can increase your chances of obtaining a favorable outcome in your drug possession case.

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