Ohio residents facing drug possession or distribution charges worry about the consequences they will face if they are convicted. With jail time, fines, and a criminal record on the line, they have reason to be concerned. However, many drug charges are dismissed thanks to the use of an effective defense strategy.
One of the most common defenses used in drug crime cases is the “the drugs are not mine” defense. It may seem simple, but it can be extremely effective in many cases. Drug crimes in Ohio require the prosecutor to establish the element of possession. For example, if you have been charged with drug distribution, the prosecutor will have to show that you knowingly had the drugs in your possession, or within your control. However, if you had no knowledge that the drugs were there or if they belonged to someone else, it can be argued that you did not actually have possession of the drug.
Another common defense is that the officer who arrested you illegally stopped your vehicle or performed an illegal search of your vehicle. Officers are only allowed to stop your car if they have a reason to suspect that you had committed or were about to commit a crime. A hunch or “feeling” is not enough to constitute reasonable suspicion. Even if the officer stopped you for a valid reason, such as a traffic violation, that does not necessarily give them the right to search your vehicle for illegal substances. If an officer did not have your consent, a warrant or probable cause to search your car, any evidence of drug crime found during the search could be deemed inadmissible in court.
This post, while informative, does not contain legal advice. A criminal defense attorney in Ohio can thoroughly review your case and come up with an effective strategy to defend you against the drug charges you face. With the right strategy, you can present a strong argument that may lead to a fair and appropriate outcome.