September 3, 2024 | Drug Crimes
Many people assume that possession of a controlled substance – being arrested for having drugs – isn’t a big deal. However, these charges can actually carry serious consequences in Ohio and should never be taken lightly.
The crime of possession of a controlled substance entails knowingly possessing or using an illegal substance. These substances are divided into classes based on their severity and include things like marijuana, cocaine, heroin, fentanyl, clonazepam, and more.
Different Types of Drug Possession
It’s helpful to understand that there are two different kinds of possession: actual possession and constructive possession.
Actual Possession
Actual possession means the defendant physically had the illegal substance on their body or somewhere on their person. For example, they were carrying cocaine in their pocket or purse.
Constructive Possession
Constructive possession occurs when the substance isn’t actually on the defendant’s person or in something they are carrying. Instead, the substance is in a place where they have knowledge of it and the power to control it.
For example, drugs that are in the glove box of a vehicle can be possessed by someone even though no one is physically carrying them.
Facing possession of a controlled substance – whether it’s actual or constructive – is a serious offense in Ohio and should be treated as such.
Penalties For Possession of a Controlled Substance in Ohio
Penalties for possessing controlled substances in Ohio are contingent on the drug’s schedule and quantity. The state classifies drugs from Schedule I-V. Schedule I includes substances considered most prone to abuse with no recognized medicinal use. Scheduled V encompasses substances with the lowest potential for abuse and those that are often used for medical purposes.
For small quantities of less “serious” drugs, you might face minor charges, such as a misdemeanor offense, which typically results in a fine and short jail sentence.
However, if the substance in question is categorized under Schedules I or II, which include drugs like heroin, cocaine, and fentanyl, the penalties can be much more severe. Possession of these substances, especially in considerable amounts, could lead to felony charges and significant prison time.
Legal Defenses to Possession of a Controlled Substance
If you end up facing possession charges in Ohio, understanding how you can defend yourself is a crucial part of the process. With the help of a criminal defense lawyer, you can raise several defenses, including:
Lack of Knowledge
To be convicted on charges of possession, it must be proven beyond a reasonable doubt that you were aware of the controlled substance’s presence and nature. Proving that you had no idea the substance existed is a solid defense.
For example, if someone else left the drugs in your vehicle without your knowledge, this could absolve you from culpability. You would need to provide evidence of this, like witness testimony that other people were in your vehicle and had access to where the drugs were found.
Unlawful Search and Seizure
The Fourth Amendment protects you against unreasonable searches and seizures by law enforcement. If officers obtained the controlled substance through a search that violated your constitutional rights, your attorney can argue to have the evidence suppressed. If successful, this could destroy the prosecutor’s case, and the charges would likely be dismissed.
Lack of Possession
You may deny actual or constructive possession to fight these charges. This argument is more often successful when fighting constructive possession charges. Lawyers can argue that other people had access and control over the area where the drugs were found and present evidence that you had no reason to know of their existence.
Contact the Cincinnati Drug Crimes Attorneys at Suhre & Associates DUI and Criminal Defense Lawyers For Help Today
The best way to determine the most appropriate defense is to speak with a criminal defense lawyer as soon as possible. If you find yourself facing these charges, contact us today to schedule a free consultation with an Ohio drug crimes lawyer at Suhre & Associates DUI and Criminal Defense Lawyers give us a call today at (513) 333-0014 or visit us at our Cincinnati Law Office.
Suhre & Associates DUI and Criminal Defense Lawyers – Cincinnati
600 Vine Street, Suite 1004
Cincinnati, OH 45202
United States
