If you are facing drug-related charges in Ohio, you might be worried about the potential outcome. A conviction can result in fines, imprisonment, and a lasting criminal record. However, a drug charge does not always mean you will be convicted. With a skilled defense lawyer, you may be able to avoid any potential ramifications of this criminal charge. What are the common defenses against drug charges in Ohio? Here is what you need to know.
Ohio Drug Charges
Like most states, the Buckeye State has strict laws on the books regarding the possession, distribution, and trafficking of controlled substances. Under Section 2925.01, these can range in severity and often include:
- Possession
- Trafficking
- Manufacturing
- Paraphernalia possession
Your charges will depend on the type and amount of the drug, your prior criminal history, and other factors, such as intent to distribute. No matter the charge, you will need a defense strategy to prevent a conviction in your case.
What Are the Most Common Defenses?
Anyone facing a drug charge will want to have a solid defense. Many of these common defenses focus on your constitutional rights, procedural errors made by the police, or challenging the evidence. Some of the most common defenses include:
Unlawful Search and Seizure
Many drug charge cases will make a challenge based on the Fourth Amendment. Under this, all individuals are protected from unreasonable searches and seizures. Law enforcement cannot obtain evidence through an illegal search or entering your home or car without a warrant or probable cause. If they did, you could base your case on this defense tactic.
The evidence can be excluded if the search that led to the discovery of the drugs is deemed unlawful. That is the exclusionary rule, and in many cases, it can result in the charges being dropped.
Lack of Possession
Sometimes, you can build a defense that questions whether you actually possessed the illegal substance. In these cases, your legal team can argue that you did not have actual possession of the drugs. With that, you can shed some light on whether the drugs were found on your person or under your direct control.
Keep in mind that because you were near the drugs, that does not necessarily mean you possessed them. Your criminal defense lawyer could argue that proximity does not prove ownership or control over the substance.
Lack of Intent
For those cases involving drug trafficking or distribution, the prosecution must prove intent. In these situations, you must have intended to sell or distribute the controlled substances. Possessing a large quantity of drugs does not automatically establish intent to sell. With that, your attorney can challenge the intent element by presenting evidence that the drugs were for personal use, not for distribution or sale.
Mistake of Fact
If you did not know that drugs were in a vehicle or your belongings, you could use that as a defense. Many times, this can happen when you borrow a car or someone else’s property, such as a jacket. If drugs were found, you could argue that you did not know of their presence.
Chain of Custody Issues
In any case, there needs to be a clear chain of custody. That means law enforcement must have documentation about who, how, and when the substance moved from the suspected crime scene to the laboratory. If there are gaps in the chain of custody or improper handling of the evidence, it could be challenged, and the drugs could be excluded from the case.
If your lawyer can cast doubt on the handling of the drugs, it could weaken the prosecution’s case.
Build a Solid Defense for Your Case
What are the common defenses against drug charges in Ohio? There are numerous defenses available depending on the facts of your case. However, one of the most important steps in these cases is to secure the help of a skilled criminal defense lawyer. At Hunt Law LLC, we can help you build a strong defense against drug crime charges in the state. To arrange a free consultation, please contact us at 330-469-9836.