Drug possession charges can have profound and lasting impacts if you are convicted. You may feel in over your head and plead guilty to a lesser charge to get it over with and avoid a more devastating conviction. Even lesser possession offenses can affect your livelihood and future. Do not give in without contacting a Mansfield drug crime lawyer and putting up a fight.
Koffel| Brininger | Nesbit has more than 30 years of experience in criminal defense, and much of that has been spent focusing on drug charges. Our Mansfield drug possession lawyer is experienced in drug possession cases and will aggressively challenge the evidence against you, aiming to get your charges dropped or significantly reduced.
When You Are Arrested for Drug Possession
If you are arrested for drug possession, avoid antagonizing the arresting officers. Tell them you will not answer any questions without your attorney present, and contact a lawyer as soon as possible. The police do not talk to you with the intention of helping you, and they will leverage anything you say against you.
Contacting a drug possession attorney in Mansfield should be your first priority following your arrest or any contact with law enforcement regarding the situation. When you engage an attorney early and stay quiet without them, you can help minimize your risk of self-incrimination. In some situations, law enforcement may detain or try to speak with you as they build their case.
Even, and almost especially, if you are innocent, it is critical to remain silent. The police will never question you with the intention of proving your innocence, and every interaction is conducted to collect evidence and secure a conviction. If you do not have a Mansfield criminal defense lawyer experienced with the criminal justice process, you are unnecessarily vulnerable to conviction for possession and whatever other charges they decide.
For a free legal consultation with a possesion of drug lawyer serving Mansfield, call 614-884-1100
Drug Possession Charges in Mansfield
The type of possession charge you face depends on two primary factors. That is the type of drug they allege you possessed and the amount. Ohio’s controlled substance schedules align with the federal standards that categorize substances based on their medicinal use and potential for dependence. These are categorized into five groups:
- Schedule 1: Substances that have a high potential for addiction and abuse without recognized medicinal use. These include LSD, heroin, ecstasy, and marijuana
- Schedule 2: Schedule II drugs include many prescription drugs, amphetamines, methadone, and some opiates
- Schedule 3: This may include less than 90 milligrams of codeine, testosterone, or ketamine
- Schedule 4: Many common anxiety medications or sleep aids are Schedule 4, such as Ativan, Xanax, or Ambien
- Schedule 5: These are more common drugs, such as Lyrica or cough syrup with less than 200 mg of codeine or other medications that use pseudoephedrine.
While the type of drug you are alleged to possess is a factor in how you are charged, when considering what drugs are a felony in Ohio, you are likely to face felony charges based on the amount. However, if the drug is a Schedule 1 or 2, you may face felony charges regardless of how much law enforcement recovers.
Mansfield Possesion of Drug Lawyer Near Me 614-884-1100
Penalties of a Conviction of Drug Possession in Mansfield
A drug possession charge in Mansfield can be a misdemeanor for low quantities of Schedule 4 or 5 drugs or a felony for higher quantities, possession near a juvenile or school, or any quantity of many Schedule 1 or 2 drugs.
Judges often use the Drug Offense Quick Reference Guide to guide the courts in determining how long you go to jail for drug possession charges in Ohio.
Misdemeanor
Regarding sentencing, the specific charges you face are less important than the type of charge. So, when we discuss what crimes in Ohio carry prison terms, we look at whether the charges are felony or misdemeanor and to what degree. In most cases, a misdemeanor drug possession charge is less likely to result in jail time, but it may lead to fines of $150 to $1,000.
Felony
Felony Drug Charges will often carry a prison sentence. First and second-degree felonies for Mansfield drug charges almost always come with prison time. These are generally used for those considered Repeat Violent Offenders (RVO) or Major Drug Offenders (MDO) and often have mandated prison sentences. These sentences commonly range from eight to eleven years of confinement.
Third, fourth, and fifth-degree felony convictions may come with prison sentences ranging from less than a year to three years before aggravating factors. A prison term is not often assumed when convicted of these charges, but you may face probation, heavy fines, or other requirements besides having the felony on your record.
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Defenses for Drug Possession Charges
While each case requires a tailored approach to a strong defense, there are some foundational approaches a drug possession lawyer in Mansfield may take. The state bears the burden of proof, so it is our job to instill doubt in the quality or amount of the evidence. This may also mean questioning the legality of how law enforcement collected the evidence.
For example, if an officer discovers drugs based on an illegal search, we may move to have the case dismissed. We may question law enforcement’s fidelity to the chain of custody or policy to instill doubt in the validity of the evidence, or question the legality of your questioning or arrest.
Koffel | Brininger | Nesbitt may utilize all or none of these strategies in your defense. However, we will assess the evidence against you to determine the most effective path. Our priority will always be to fight to protect your rights in the criminal justice process and minimize the lasting effects of the charges.
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You are Only One Call Away from Feeling Better
Facing Drug possession charges can be incredibly stressful, but trust that we will bring calm to the chaos. Koffel | Brininger | Nesbitt is the firm that other law firms use and recommend because we are committed to helping our clients achieve results.
Call our Mansfield drug possession attorney today to schedule a case consultation and get the advocacy you deserve.
Call or text 614-884-1100 or complete a Free Case Evaluation form
