If you have been charged with a drug offense, it can be a stressful and frightening time for you. With a conviction, you could face fines, prison times, and a mark on your permanent record. However, there are ways to prevent that from happening.
So, how to beat a drug charge in Ohio? We will look at a few ways you and your criminal defense lawyer can build a successful defense.
Know Your Charges
The Ohio Revised Code (ORC) defines all of the Buckeye State’s drug laws. The penalties for these offenses can vary depending on the type and amount of the substance involved. Some of the common drug charges include:
- Possession: Drugs found on your person or in your vehicle.
- Possession with intent to distribute: Having a quantity of drugs that suggest you were planning to sell or distribute them.
- Possession of drug paraphernalia: Possessing items commonly used to consume or distribute drugs, such as pipes or scales.
- Drug trafficking: A felony charge involving the sale, distribution, or transportation of controlled substances.
When you work with an experienced criminal defense lawyer, they can evaluate the details of your case and find a defense that can apply to your situation. Now, let’s look at the possible ways to beat a drug charge in Ohio.
Challenge the Search and Seizure
In some cases, you may be able to challenge the search and seizure in the arrest. The Fourth Amendment of the U.S. Constitution protects individuals from unreasonable searches and seizures. If law enforcement officers search you, your vehicle, or your property without probable cause or a search warrant, any evidence found could be considered inadmissible in court.
If your attorney can prove that your constitutional rights were violated, the court may suppress the evidence. In turn, that can lead to the dismissal of charges or a reduction in the severity of your case.
Dispute the Drug Identification
Another strategy is to dispute the identification of the substance involved. The prosecution must provide evidence that the substance seized is actually the illegal drug in question. If the state fails to identify the substance through testing properly or presents incorrect test results, then there could be questions surrounding the validity of the evidence. Additionally, your defense may argue that the tests conducted were not accurate or reliable.
Explore Alternative Sentences
While challenging the charges and evidence can be effective, sometimes you may need to negotiate. This can be viable in a case where there is strong evidence against you. Prosecutors may be willing to offer a plea deal in exchange for a guilty plea to a lesser charge or a reduced sentence. A plea bargain might be an option because it can reduce your penalties.
If you are a first-time offender, the state may allow you to enter a treatment program instead of serving jail time. These programs focus on rehabilitation. Many times, you will need to enroll in inpatient or outpatient drug treatment, counseling, and other support services.
If you are eligible for a diversion program, your charges are reduced or dismissed upon successful completion. These programs can help you avoid a permanent criminal record.
Work with an Experienced Criminal Defense Lawyer
When facing a drug charge, you always want to work with an experienced Ohio criminal defense lawyer. They will be able to assess the facts of your case and help craft a defense that can work in your favor. Without legal help, it can be very difficult to beat a drug charge, and you could end up with a conviction on your record.
Get Legal Help for Your Drug Charge
How to beat a drug charge in Ohio can be difficult. But with the right legal assistance, your criminal defense lawyer can build a strategy to question the legalities of the charges.
If you are searching for a skilled and experienced legal team for your case, reach out to Hunt Law LLC. We will determine the right defense for your case. If you want to arrange a free consultation, please contact us at 330-469-9836.