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Assertive Representation In State & Federal Court

Accused of possessing a controlled substance? Stay in control

| Sep 14, 2017 | Uncategorized

Being taken into custody for a drug-related crime can understandably be unsettling. After all, you may be worried about your immediate situation, along with how you will eventually have to defend yourself. In addition, you might also be worried about your long-term future, such as whether a drug conviction will make it challenging for you to land future employment.

Ohio state laws and federal laws make it illegal for you to possess controlled substances. These laws additionally criminalize possessing the precursor chemicals used in the manufacture and cultivation of drugs. However, charges can vary depending on the drug type, drug amount and location where the alleged drug offense occurred.

Types of drugs and proving possession

You may face charges for possessing a wide range of drugs, including the following:

  • Heroin
  • Club drugs
  • LSD
  • Cocaine
  • Methamphetamine
  • Marijuana

However, there are a couple of requirements for proving drug possession beyond a reasonable doubt. These are as follows:

  • If authorities claim that you possessed a drug, they must prove that you knew that the drug was actually a controlled substance.
  • They must also prove that you knowingly were in possession of this drug.

Constructive possession

A particular category of drug possession is called constructive possession. The premise of constructive possession is that you were able to access an illicit substance even though you might not specifically have had it physically on you when police arrested you. For instance, if you had keys to a van filled with drugs, you may end up facing charges depending on the situation.

Possession laws

Laws governing the possession of drugs usually fall into a couple of chief categories: simple possession and possessing a drug with the intent of distributing it. If you intended to distribute a drug, this generally carries stricter penalties if a conviction takes place, compared with simply possessing a drug for personal use. Authorities may furnish evidence such as witness testimonies, large cash or drug amounts, baggies, and even digital scales to support such a charge.

Your rights

Fortunately, just because you face a criminal charge involving possessing or intending to distribute a controlled substance does not mean you are actually guilty. You have the right to fight such a charge in an effort to protect your reputation and your freedom.