Facing allegations for the possession of a controlled substance in Ohio can be a stressful and life-changing experience. These accusations can carry serious penalties, ranging from hefty fines to lengthy prison sentences. But it’s important to remember that just because you are accused does not mean you are guilty. There are several strategies to fight possession of controlled substance charges, and understanding your rights under Ohio law can make a significant difference in the outcome of your case. This guide will walk you through the key points of what controlled substance possession means, common defense strategies, and the potential outcomes if you find yourself in this situation. At, Sabol & Mallory Law Firm, we are here to guide you through the legal process and help you navigate the complexities of your case.
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 Possession of Controlled Substances
In Ohio, a controlled substance refers to drugs that are regulated by the government. These drugs can include illegal substances like heroin, cocaine, and methamphetamine, as well as prescription medications that are misused or obtained without a prescription. The possession of these substances is illegal and can lead to criminal charges. The severity of the charges depends on the type and amount of the drug involved. Ohio categorizes drugs into different schedules based on their potential for abuse and medical use. The penalties for possession are more severe for substances classified in the higher schedules, such as Schedule I and II drugs, which include substances like heroin and cocaine.
Being in possession of a controlled substance means that the drugs were found on your person, in your car, or in your home. However, to be convicted, the prosecution must prove that you knowingly had the drugs and intended to control or use them. This is where the law becomes more complex and where defenses can be built. You might not have known about the drugs or did not intend to possess them, and this could serve as part of your defense.
Common Defenses Against Possession Charges
There are several defenses that can be used to fight possession charges in Ohio. One common defense is challenging the legality of the search and seizure that led to the discovery of the drugs. Under the Fourth Amendment, everyone has the right to be free from unreasonable searches and seizures. If law enforcement officers conducted an illegal search or did not have probable cause to search your property or vehicle, any evidence obtained could be deemed inadmissible in court. This could result in the dismissal of the charges against you.
Another possible defense is to argue that the drugs did not belong to you. If the controlled substances were found in a location where multiple people had access, such as a shared vehicle or a house with several occupants, it can be difficult for the prosecution to prove that the drugs were yours. This is called the defense of lack of possession or ownership. You can also argue that you did not know the drugs were present, especially if they were hidden in a place that you would not normally check, such as under the seat of your car or in a bag that does not belong to you.
In some cases, entrapment may be a valid defense. Entrapment occurs when law enforcement officers or informants persuade or coerce someone into committing a crime that they otherwise would not have committed. If you can show that you were pressured into possessing the drugs by someone working with the police, you may be able to get the charges dropped.
Another possible defense is the argument that you were legally allowed to possess the controlled substance. This often applies to prescription medications. If you have a valid prescription for the drug in question, and the amount found is consistent with what you were prescribed, you should not face charges for illegal possession.
The Role of Intent in Drug Possession Cases
One important factor in possession of controlled substance cases is intent. In Ohio, the prosecution must prove that you knowingly and willingly possessed the drug. This means that you must have been aware of the presence of the controlled substance and intended to have control over it. If the drugs were planted on you or you unknowingly transported them for someone else, this could serve as a strong defense. Lack of intent can create reasonable doubt in the minds of the jurors, making it harder for the prosecution to secure a conviction.
Moreover, your mental state at the time of possession can play a crucial role. If you were under duress or had a diminished capacity due to mental illness or other factors, your attorney may be able to argue that you did not have the intent to possess or use the controlled substance.
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Testimonials
Learn what our clients have to say about the work of Sabol Mallory. If you have any questions or need legal help for a criminal charge, please reach out to us right away.
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.
Challenging the Evidence Presented
Another way to fight possession of controlled substance charges is by challenging the evidence the prosecution presents. In criminal cases, the burden of proof is on the prosecution, meaning they must prove beyond a reasonable doubt that you committed the crime. If the evidence is weak or incomplete, your attorney can highlight these weaknesses to create doubt in the minds of the judge or jury.
The chain of custody is also important when challenging evidence. The chain of custody refers to the handling and storage of evidence from the time it is collected until it is presented in court. If there are gaps or irregularities in the chain of custody, it could mean that the evidence was tampered with or contaminated. This could result in the evidence being excluded from the trial, which could greatly impact the prosecution’s case.
Additionally, lab testing of the controlled substance can sometimes be flawed. If the drug tests used to confirm the presence of a controlled substance were not conducted properly or if the results are inaccurate, this can be challenged in court. The accuracy of field tests or laboratory analysis can be questioned, and if errors are found, it can lead to the dismissal of the case.
Diversion Programs and Other Alternatives
Ohio offers diversion programs and other alternative sentencing options for individuals facing possession charges, especially for first-time offenders or those found with small amounts of a controlled substance. A diversion program allows you to avoid a criminal conviction by completing certain requirements, such as attending drug education classes, undergoing substance abuse treatment, or performing community service. If you successfully complete the program, the charges against you may be dropped.
Additionally, Ohio has drug courts that focus on rehabilitation rather than punishment. If you qualify for drug court, you may be required to participate in treatment and regular court appearances. Upon completion of the program, the charges may be dismissed or reduced. While diversion programs and drug courts are not available for everyone, they provide a second chance for individuals struggling with addiction to avoid the long-term consequences of a criminal conviction.
Potential Outcomes of a Possession Charge
The outcome of a possession of controlled substance case in Ohio depends on many factors, including the type and amount of the drug, your criminal history, and the defense strategy used. If you are convicted, the penalties can range from fines and probation to imprisonment. Ohio also has mandatory minimum sentences for certain drug offenses, which means the judge has little discretion in sentencing.
However, with a strong defense, it is possible to have the charges reduced or dismissed. Your attorney can negotiate with the prosecution to seek a plea deal or argue for a lesser charge if the evidence against you is weak. In some cases, it may be possible to avoid jail time altogether by participating in a diversion program or drug court.
If you or someone you know is facing possession of controlled substance charges in Ohio, you do not have to navigate the legal system alone. Sabol & Mallory Law Firm is here to help. Our experienced attorneys will work tirelessly to protect your rights and build a strong defense on your behalf. We understand the complexities of Ohio’s drug laws and will fight to achieve the best possible outcome for your case. Contact us today to schedule a consultation and take the first step toward protecting your future.