If you have been arrested for possession of marijuana, prescription drugs, or other illegal substances, there may be several ways to defend yourself for the charges against you. If the judge accepts a particular defense, the prosecutor may lose the right to use certain evidence in the case, you may qualify for reduced sentencing, or the charges against you may be dropped entirely.
Potential Defenses to Drug Possession Charges in Ohio
The defenses available in a drug possession case depend on the specific factors involved, but most rely on what you knew at the time of arrest, the type of evidence the prosecution has against you, and how police conducted their investigation. To find out what your best strategy is, contact a drug possession defense lawyer at The Law Offices of Steven R. Adams as soon as possible for a free case evaluation.
The most common defenses for drug possession include:
- Unwitting possession. This defense acknowledges that while you had drugs in your possession, you did not know, or reasonably could not know, that you were carrying or holding drugs. This may occur if you were carrying a bag for someone else or were delivering a package but did not know the contents.
- Lack of possession. This defense relies on the fact that you did not have “dominion and control” over the illegal substance, so you are not legally “in possession” of it. Situations where this may apply include drugs found in a house with several roommates, or drugs found in a car with multiple passengers.
- Constitutional rights violations. Even if you are in possession of illegal drugs, the police, prosecutors, and courts have a duty to follow proper procedures in bringing your case. If you were illegally searched during a traffic stop, were not warned about your Miranda rights, or police entered your home without a warrant, evidence collected in your case may not be legally admissible.
As a former prosecuting attorney, Steve Adams knows what must be proven in order to get a conviction, as well as the rules police officers must follow when making an arrest.
Don’t wait to get legal advice after a drug charge! Call The Law Offices of Steven R. Adams at (513) 929-9333 today for your free case evaluation.