Being accused of drug possession can be a frightening and overwhelming experience. If you have been charged with possessing a controlled substance in Ohio, it’s important to understand your rights and how to navigate the legal process. At Sabol & Mallory Law Firm, we understand the confusion and worry you might feel. Our goal is to help you through this difficult time and fight for the best possible outcome for 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 the Charge of Drug Possession in Ohio
Drug possession in Ohio can carry serious consequences, depending on the type and amount of the controlled substance involved. Ohio law classifies drugs into different schedules, with Schedule I substances being the most illegal and Schedule V substances having the least severe penalties. When you are accused of possessing a controlled substance, the prosecution will work to prove that you knowingly had drugs in your possession, either on your person or in your home or vehicle.
In Ohio, it is illegal to possess, use, or distribute drugs without a prescription or legal authorization. The severity of the charge you face will largely depend on the type of drug involved. For example, possession of a small amount of marijuana may result in a minor misdemeanor charge, while possession of cocaine or heroin can lead to much more serious felony charges.
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.
Client
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.
The Importance of Legal Representation
When facing a drug possession charge in Ohio, it is essential to have a skilled lawyer by your side. Legal representation can help you understand the complex legal system and ensure that your rights are protected. An experienced attorney can evaluate the facts of your case, negotiate with prosecutors for reduced charges, and help you develop a strong defense strategy.
At Sabol & Mallory Law Firm, we have years of experience handling drug possession cases in Ohio. We will take the time to listen to your side of the story and fight for your rights throughout the legal process. We will work hard to seek a favorable outcome, whether that means getting the charges reduced, getting the case dismissed, or achieving a not guilty verdict in court.
Defenses to Drug Possession Charges
There are several potential defenses to drug possession charges in Ohio. One of the most common defenses is that the drugs were not in your possession or that you did not know the drugs were there. If the drugs were found in your vehicle or home, it may be possible to argue that they belonged to someone else.
Another defense is to challenge the legality of the search or seizure. Under the Fourth Amendment of the U.S. Constitution, law enforcement officers are required to have a warrant or probable cause to search you or your property. If the police violated your constitutional rights during the search, any evidence obtained may be inadmissible in court.
In some cases, it may be possible to argue that the drugs were intended for personal use, not for distribution. Ohio law distinguishes between possession of drugs for personal use and possession with intent to distribute. The amount of drugs found, as well as the presence of drug paraphernalia, may play a role in determining the charges you face.
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.
How We Can Help You
If you are facing a drug possession charge in Ohio, you do not have to go through it alone. At Sabol & Mallory Law Firm, we are committed to helping individuals like you navigate the legal system and fight for a positive outcome. Whether you are facing a misdemeanor or felony charge, we will work tirelessly to protect your rights and work toward a favorable result.
Our team understands that every case is unique, and we will take the time to review the details of your case and develop a personalized defense strategy. We will be with you every step of the way, ensuring that you fully understand your options and the best path forward.
If you have been accused of drug possession in Ohio, the first step is to contact a dedicated attorney who can help you fight the charges. At Sabol & Mallory Law Firm, we offer compassionate legal representation for those facing drug possession charges. With our help, you can rest assured that we will do everything we can to protect your rights and work toward the best possible result for your case. Contact us today to schedule a consultation and learn how we can help you navigate the legal process with confidence.