Facing an accusation of felony drug possession in Ohio is a serious and life-altering event. The state of Ohio takes drug-related offenses very seriously, particularly when it comes to felony charges. These charges can carry severe penalties, including lengthy prison sentences, substantial fines, and a lasting criminal record that can affect your personal and professional life. Understanding the gravity of the situation and knowing the steps to take if you are accused is essential to protect your rights and build the best possible defense.
Dan Sabol
Dan is the first attorney in Ohio to be both board certified in criminal trial law by the National Board of Trial Advocacy and be designated as a Lawyer Scientist by the American Chemical Society.
Chase Mallory
Chase Mallory is a firm founder whom has tried over 40 cases and conducted more than 100 suppression hearings. He is a founding member of the DUI Defense Lawyers Association
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Learn more about our teamUnderstanding Felony Drug Possession in Ohio
In Ohio, drug possession charges can be classified as either misdemeanors or felonies, depending on several factors, including the type and quantity of the drug involved, as well as your prior criminal record. Felony drug possession charges are generally reserved for more serious offenses, such as possession of a large quantity of drugs or certain controlled substances like heroin, cocaine, or methamphetamine. Additionally, possession of drugs with the intent to distribute or sell can also elevate a charge to a felony.
The Ohio Revised Code outlines the various schedules of controlled substances, with Schedule I and II substances generally considered the most dangerous and addictive. Possession of these substances, especially in larger quantities, is more likely to result in a felony charge. The potential penalties for felony drug possession in Ohio can range from probation and mandatory drug treatment programs to multiple years in state prison, depending on the specifics of your case. The consequences are not limited to criminal penalties; a felony conviction can also lead to the loss of certain civil rights, including the right to vote, possess firearms, and secure certain types of employment.
What to Do Immediately After an Arrest
If you are arrested and accused of felony drug possession in Ohio, the actions you take immediately following your arrest can significantly impact the outcome of your case. The first and most important thing to remember is to remain calm and exercise your right to remain silent. Anything you say can and will be used against you in court, so it is crucial to avoid making any statements to law enforcement without legal representation present.
You have the right to an attorney, and it is essential to exercise this right as soon as possible. Contacting an experienced criminal defense attorney immediately after your arrest is critical. Your attorney can help you navigate the legal process, advise you on what to say and do, and begin working on your defense strategy. It is also important to remember that you have the right to refuse consent to any searches of your person, vehicle, or property. If law enforcement conducts a search without your consent or without a warrant, any evidence obtained may be subject to suppression, which can weaken the prosecution’s case against you.
The Importance of Legal Representation
Having a skilled criminal defense attorney by your side when facing a felony drug possession charge in Ohio is crucial. The legal system is complex, and navigating it without the guidance of an attorney can be overwhelming and dangerous. Your attorney will play a vital role in protecting your rights, investigating the circumstances of your arrest, and developing a strong defense strategy tailored to the specifics of your case.
One of the first things your attorney will do is examine the evidence against you. This includes reviewing the police report, examining any physical evidence, and identifying potential weaknesses in the prosecution’s case. Your attorney will also explore possible defenses, such as challenging the legality of the search and seizure, questioning the reliability of the drug testing procedures, or arguing that the drugs did not belong to you. In some cases, your attorney may be able to negotiate with the prosecutor to have the charges reduced or dismissed altogether, particularly if there are issues with the evidence or if you have no prior criminal record.
Defenses Against Felony Drug Possession Charges
There are several potential defenses that can be raised in a felony drug possession case in Ohio. The defense strategy that is right for you will depend on the specific facts of your case, and your attorney will work with you to determine the best course of action.
One common defense is to challenge the legality of the search and seizure that led to the discovery of the drugs. The Fourth Amendment to the United States Constitution protects individuals from unreasonable searches and seizures by law enforcement. If the police conducted a search without a warrant, without probable cause, or in violation of your rights, your attorney may be able to file a motion to suppress the evidence. If the court grants the motion, the prosecution may be unable to use the evidence against you, which can lead to a dismissal of the charges.
Another potential defense is to argue that the drugs did not belong to you or that you were unaware of their presence. For example, if the drugs were found in a vehicle or residence that you shared with others, your attorney may be able to raise doubts about whether you had knowledge of or control over the drugs. In some cases, your attorney may also be able to challenge the reliability of the drug testing procedures used to identify the substance in question. If the testing methods were flawed or if the chain of custody was not properly maintained, the results may be called into question, which could weaken the prosecution’s case.
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Chase Mallory is incredible. He is wonderful to work with and knows exactly what to do to help his clients. Thank you from the bottom of my heart for all you've done for me. I highly recommend hiring Chase to help fight your battles. Bless you!
- Erin R.
Dan Sabol is probably the best attorney I've ever worked with. Very professional and worked hard to get the best results possible. He will be the first person I call if I need a lawyer again. If you find yourself in a sticky situation make sure you give him a ring.
- Christopher R.
I had the pleasure of working with Dan and Chase and I am very grateful!! They did amazing work to help me on my case. They are very helpful and get back with you in a timely manner whenever I had questions for them, which was very nice and reassuring.
- Jessica H.
The Potential Consequences of a Conviction
A conviction for felony drug possession in Ohio can have far-reaching consequences that extend beyond the criminal penalties imposed by the court. In addition to the possibility of prison time and fines, a felony conviction can result in a permanent criminal record that can affect many aspects of your life.
One of the most immediate consequences of a felony conviction is the impact on your employment prospects. Many employers conduct background checks as part of the hiring process, and a felony drug conviction can make it difficult to secure a job, particularly in certain industries such as healthcare, education, and finance. Additionally, a felony conviction can result in the loss of professional licenses, making it impossible to continue working in certain fields.
A felony conviction can also have significant social and personal consequences. You may face stigma and judgment from others, including friends, family, and members of your community. The loss of certain civil rights, such as the right to vote or own a firearm, can also have a profound impact on your life. Additionally, if you are not a U.S. citizen, a felony drug conviction can result in deportation or other immigration-related consequences.
Steps to Take to Protect Your Future
If you are facing felony drug possession charges in Ohio, it is important to take proactive steps to protect your future. The first and most important step is to hire a skilled criminal defense attorney who can help you navigate the legal process and fight for your rights. Your attorney will work with you to develop a defense strategy tailored to the specifics of your case, and they will advocate on your behalf throughout the legal process.
In addition to working with your attorney, there are other steps you can take to protect your future. It is important to stay informed about your case and to understand the charges against you, as well as the potential consequences of a conviction. Attending all court hearings and complying with any conditions set by the court, such as bail or pretrial release conditions, is also crucial. Demonstrating to the court that you are taking the charges seriously and that you are committed to complying with the legal process can positively influence the outcome of your case.
It may also be beneficial to begin addressing any underlying issues that may have contributed to your situation, such as substance abuse. Participating in a drug treatment program or counseling can not only help you address these issues but can also demonstrate to the court that you are taking steps to change your behavior. In some cases, participation in a treatment program may even be a factor that your attorney can use to negotiate a more favorable outcome, such as a reduction in charges or a more lenient sentence.
Understanding the Legal Process
The legal process in a felony drug possession case can be complex and overwhelming, particularly if you have never been involved in the criminal justice system before. Understanding what to expect can help you feel more prepared and less anxious as your case progresses.
After your arrest, you will likely be taken to a local jail where you will be booked and processed. During this time, the police will take your fingerprints and photograph, and you may be questioned about the charges. It is important to remember that you have the right to remain silent and to request an attorney before answering any questions.
Following your booking, you will have an initial appearance before a judge. During this appearance, the judge will inform you of the charges against you, and you will have the opportunity to enter a plea of guilty, not guilty, or no contest. The judge will also set bail, which is the amount of money you must pay to be released from jail while your case is pending. If you cannot afford to pay bail, your attorney may be able to argue for a lower amount or for your release on your own recognizance.
If you plead not guilty, your case will proceed to the pretrial stage. During this stage, your attorney and the prosecutor will exchange evidence and information related to the case. Your attorney may also file motions to challenge the evidence against you or to request that certain charges be dismissed. In some cases, the prosecutor may offer a plea deal, which is an agreement to plead guilty to a lesser charge in exchange for a reduced sentence. If your case goes to trial, both the prosecution and the defense will present their evidence and arguments to a judge or jury. The prosecution must prove beyond a reasonable doubt that you are guilty of the charges. If you are found guilty, the judge will impose a sentence, which may include prison time, fines, probation, and other penalties. If you are found not guilty, you will be acquitted of the charges, and the case will be dismissed.
The Importance of a Strong Defense Strategy
Building a strong defense strategy is essential when facing felony drug possession charges in Ohio. Your defense strategy will depend on the specifics of your case, including the type and quantity of drugs involved, the circumstances of your arrest, and your criminal history. A skilled criminal defense attorney will work with you to develop a defense strategy that is tailored to your unique situation.
One key element of a strong defense strategy is challenging the evidence against you. This may involve questioning the legality of the search and seizure, challenging the reliability of the drug testing procedures, or raising doubts about whether the drugs belonged to you. Your attorney may also explore other defenses, such as entrapment, where law enforcement officers induced you to commit a crime that you would not have otherwise committed.
Another important aspect of a strong defense strategy is negotiating with the prosecutor. In some cases, your attorney may be able to negotiate a plea deal that results in reduced charges or a more lenient sentence. For example, if you have no prior criminal record, your attorney may be able to negotiate for you to participate in a drug treatment program or diversion program instead of serving time in prison.
Your defense strategy should also include preparing for the possibility of trial. This involves gathering evidence, interviewing witnesses, and developing arguments to present in court. Your attorney will work with you to ensure that you are fully prepared for trial and that your rights are protected throughout the legal process.
Facing a felony drug possession charge in Ohio is a daunting and life-changing experience. The potential consequences are severe, and the legal process is complex and challenging to navigate without proper legal representation. It is crucial to take the situation seriously, exercise your rights, and seek the guidance of a skilled criminal defense attorney who can help you build a strong defense and protect your future.
If you or someone you know is facing felony drug possession charges in Ohio, do not wait to seek legal help. The experienced attorneys at Sabol & Mallory Law Firm are dedicated to providing aggressive and compassionate representation to individuals accused of drug-related offenses. We understand the seriousness of these charges and the impact they can have on your life. Our team will work tirelessly to defend your rights and pursue the best possible outcome for your case.
Contact Sabol & Mallory Law Firm today to schedule a consultation and learn more about how we can help you navigate this difficult time. Your future is too important to leave to chance—let us fight for you.