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
Meet the lawyers who make up the legal team at Sabol Mallory LLC. Read their individual bios and get to know more about their education, experience and accolades.
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.
Understanding Felony Drug Possession in Ohio
Felony drug possession charges in Ohio occur when someone is accused of knowingly having an illegal substance in their control. Ohio classifies drugs into five schedules, based on factors like their potential for abuse and whether they have any accepted medical uses. Substances like cocaine, heroin, methamphetamines, and LSD, as well as improperly possessed prescription medications such as oxycodone or fentanyl, are among those that can lead to serious charges.
The level of the felony charge is often determined by the amount and type of substance found. For instance, possession of a small amount of a controlled substance may result in a lower-level felony, while larger quantities could result in higher charges. Ohio law also considers whether the drugs were meant for personal use or distribution, which can significantly affect the penalties.
Felony drug possession penalties in Ohio can include prison time, steep fines, and the loss of certain civil rights, such as voting or owning firearms. Beyond the legal consequences, a conviction can carry long-term effects like difficulty finding employment or housing. Understanding the specific charges against you is the first step in building a strong defense.
Examining the Evidence in Your Case
The prosecution must present evidence to prove that you knowingly possessed the drugs in question. This evidence may include the drugs themselves, testimony from law enforcement, or other materials found during a search. Challenging the evidence is often a critical component of a successful defense.
One way to challenge evidence is by examining how it was obtained. The Fourth Amendment of the U.S. Constitution protects individuals from unlawful searches and seizures. This means law enforcement must follow strict procedures when searching your property. If a search warrant was not properly issued or if officers conducted a search without sufficient legal justification, the evidence they found may be excluded from your case.
For example, if police stopped your vehicle without a valid reason and then searched your car, your defense could argue that this violated your constitutional rights. Similarly, if officers entered your home without permission or probable cause, any evidence they collected could be challenged in court. These violations can weaken the prosecution’s case and may result in reduced charges or even a dismissal.
Proving a Lack of Intent or Knowledge
Another important aspect of building a defense is addressing the issue of intent. Ohio law requires the prosecution to show that you knowingly possessed the drugs. This means they must prove that you were aware of the presence of the substance and that you had control over it. If you did not know the drugs were present, this lack of knowledge can be a strong defense.
For instance, imagine you borrowed a friend’s car and were later stopped by police, who discovered drugs hidden in the vehicle. If you were unaware of the drugs, this could be used as evidence of your innocence. Similarly, if drugs were found in a shared living space where multiple people had access, your defense might argue that the prosecution cannot prove the drugs belonged to you specifically.
Intent also plays a role in distinguishing possession for personal use from possession with intent to distribute. If the prosecution claims you intended to sell the drugs but lacks evidence like large quantities, packaging materials, or cash, your defense can challenge this assertion. By focusing on the absence of intent, you can work to reduce the severity of the charges or secure a more favorable outcome.
Exploring Alternative Sentencing Options
In some cases, Ohio courts offer alternatives to traditional sentencing, particularly for first-time offenders or those dealing with substance abuse issues. These alternatives aim to address the root causes of drug possession, such as addiction, rather than imposing harsh punishments.
Drug courts, for example, provide a structured program that combines treatment and supervision. Participants must meet specific requirements, such as attending counseling sessions, passing drug tests, and appearing regularly before a judge. Successfully completing the program can lead to reduced charges or the dismissal of the case.
Other options might include diversion programs or probation, which allow individuals to avoid incarceration while meeting certain conditions set by the court. Demonstrating a willingness to participate in these programs can show the court that you are committed to taking responsibility and improving your situation. This approach can be especially helpful in achieving a resolution that minimizes the long-term impact of the charges.
Building a Defense Strategy That Works
Every felony drug possession case is unique, and the strategy for defending against the charges must be tailored to the specific circumstances. A thorough review of the case is essential to identify any weaknesses in the prosecution’s arguments. This includes examining the details of the arrest, the actions of law enforcement, and the handling of evidence.
One key element of a strong defense is raising doubt about the prosecution’s case. For example, if the chain of custody for the drugs is unclear, this can create uncertainty about whether the evidence was properly handled. Similarly, if witnesses provide conflicting statements or if surveillance footage does not align with the prosecution’s version of events, these inconsistencies can work in your favor.
Timing is another critical factor in building a defense. Acting quickly allows you to preserve evidence, identify potential witnesses, and explore negotiation opportunities. Waiting too long can limit your options and make it harder to gather the information needed to challenge the charges effectively.
What Happens When You Are Arrested for Drug Possession
If you are arrested for drug possession in Ohio, you may feel uncertain about what to do next. It’s important to remember that being arrested does not mean you are guilty. You have the right to remain silent and the right to an attorney. Anything you say during an arrest can be used against you in court, so it is wise to exercise your right to remain silent and ask for an attorney.
Once arrested, you will be taken to the local jail, where you will be booked. Afterward, you will have the opportunity to attend a bail hearing, where a judge will determine whether you will be released while your case is pending or if you will remain in custody.
Your Rights in the Legal Process
Once you are formally charged with drug possession, it is important to be aware of your rights throughout the legal process. The first right to remember is your right to a defense attorney. At Sabol & Mallory Law Firm, we can help you understand the specific charges against you, explain the potential penalties, and guide you through every stage of the process.
Additionally, you have the right to a fair trial. This means that the prosecution must prove your guilt beyond a reasonable doubt. If the prosecution cannot do this, you should not be convicted. Your attorney will carefully examine the evidence, identify any weaknesses in the case, and use this information to help protect your rights.
Another important right is the right to challenge evidence. If the evidence against you was obtained illegally, such as through an unlawful search or seizure, your attorney may file a motion to suppress the evidence. If the court agrees, the evidence may not be used in your case.
Penalties for Drug Possession in Ohio
The penalties for drug possession in Ohio vary depending on the drug involved and the amount in your possession. For example, possession of small amounts of marijuana may result in a misdemeanor charge, while possession of heroin, cocaine, or methamphetamine can lead to felony charges with severe consequences.
If convicted of drug possession, the penalties may include jail time, fines, mandatory drug treatment programs, and probation. In addition to legal penalties, a drug conviction can have long-term consequences, including a criminal record that can impact your employment prospects and other aspects of your life.
The Difference Between Drug Trafficking and Drug Possession in Ohio
If you or a loved one is facing charges for trafficking in drugs in Ohio, it is natural to feel overwhelmed. At Sabol & Mallory Law Firm, we understand the stress, confusion, and fear that can come with these serious accusations. You may be wondering what happens next, how your case will be handled, or what the difference is between drug trafficking and drug possession. Rest assured, our experienced team is here to support you every step of the way. We are committed to helping you understand your case and fighting for the best possible outcome.
Understanding Drug Trafficking in Ohio
Drug trafficking is one of the most severe drug-related offenses in Ohio. This crime involves more than just having illegal substances. Trafficking means you are accused of knowingly selling, transporting, or distributing drugs. It could also mean you had a large quantity of drugs in your possession, suggesting an intent to sell. Ohio law takes drug trafficking very seriously because it involves moving drugs through communities and potentially impacting many lives.
The penalties for drug trafficking can vary depending on the type of drug involved, the amount, and where the alleged trafficking occurred. For example, trafficking near schools or juveniles often leads to harsher penalties. A conviction for trafficking can lead to significant prison time, steep fines, and a permanent mark on your record that could make finding employment or housing difficult.
If you are facing trafficking charges, it is important to know that these cases can be complex. Prosecutors must prove that you knowingly participated in drug distribution or had the intent to sell. At Sabol & Mallory, we carefully examine every detail of your case to challenge the evidence and fight for your rights.
What Is Drug Possession in Ohio
Drug possession, on the other hand, means you are accused of having illegal drugs for personal use. Possession is generally considered a less severe offense than trafficking, but it can still have serious consequences. In Ohio, possession charges depend on the type and amount of the drug in question. Small amounts may result in misdemeanor charges, while larger amounts or certain drugs like heroin or cocaine can lead to felonies.
To convict someone of possession, the prosecution must prove that the drugs were in your control. This could mean they were found in your pocket, car, or home. However, even if drugs were discovered in a shared space, like a car with multiple passengers, the prosecution must prove they were specifically under your control.
At Sabol & Mallory, we understand that being charged with possession does not mean you are guilty. There are many ways to challenge possession charges, such as questioning whether the search that found the drugs was legal or whether the drugs were actually yours. Our attorneys know how to explore these defenses and work to get your charges reduced or dismissed.
Key Differences Between Drug Trafficking and Possession
The main difference between drug trafficking and possession lies in what the prosecution is trying to prove. Possession focuses on the fact that you had drugs in your control, while trafficking involves accusations of selling or intending to sell those drugs. The amount of drugs involved often determines whether charges escalate from possession to trafficking.
For example, if someone is caught with a small amount of marijuana for personal use, they may be charged with possession. However, if they have a larger quantity, along with items like scales, baggies, or large amounts of cash, prosecutors might argue that they intended to sell the drugs, leading to trafficking charges.
Trafficking charges often come with much more severe penalties than possession. While possession may result in probation or a short jail sentence, trafficking convictions often involve years of prison time. Understanding this distinction is crucial when building your defense.
How We Can Help With Trafficking in Drugs Cases
At Sabol & Mallory, we know that every case is unique. Our approach is to provide personalized attention to your situation and craft a defense strategy that works for you. When it comes to trafficking in drugs charges, we focus on examining the evidence to find weaknesses in the prosecution’s case.
We look into whether the police followed proper procedures during your arrest. If your rights were violated, such as being subjected to an illegal search, we can use that to challenge the evidence against you. We also investigate whether the amount of drugs found actually meets the threshold for trafficking. If the evidence is unclear or insufficient, we work to have charges reduced or dismissed.
Our team also understands the importance of showing the court your side of the story. Many people charged with trafficking have no previous criminal history or were in difficult situations that led to their arrest. We present these factors to the court to seek reduced penalties or alternative sentencing options.
Why You Need an Experienced Attorney
Facing drug charges on your own can be intimidating and risky. Drug laws in Ohio are complex, and prosecutors are often aggressive in pursuing these cases. Without an experienced attorney by your side, you may face harsher penalties than necessary.
At Sabol & Mallory, we have a proven track record of handling drug cases, including trafficking and possession. Our attorneys are skilled negotiators and aggressive litigators who are not afraid to challenge the evidence against you. We know how to build strong defenses and fight for the best outcome, whether that means reducing charges, negotiating a plea deal, or taking your case to trial.
The Impact of Drug Charges on Your Future
Drug trafficking or possession charges can leave a lasting impact on your life, even beyond the criminal penalties. A conviction can make it difficult to find stable employment, pursue educational opportunities, or even secure housing. The stigma associated with drug charges can follow you for years, affecting your relationships and standing in the community. However, these challenges are not insurmountable. With the right legal strategy, it is possible to minimize these consequences and protect your future. At Sabol & Mallory, we focus on not just defending you in court but also helping you rebuild your life after the case is resolved.
Why Early Legal Action Matters
Time is critical when you are facing drug trafficking or possession charges. The earlier you seek legal representation, the better your chances of building a strong defense. Evidence must be preserved, witnesses need to be interviewed, and legal motions may need to be filed to protect your rights. At Sabol & Mallory, we act quickly and decisively to address the complexities of your case. Our attorneys provide clear communication, explain your options, and guide you through every step of the legal process.
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.