A drug possession charge can have serious legal and personal consequences, making it critical to understand your rights and possible defenses. Since 1993, we have been the firm that other lawyers call, and with 30+ years of client advocacy, our legal team has built a reputation for taking on tough cases and fighting for the best possible outcomes.
Your Westerville drug possession lawyer from Koffel | Brininger | Nesbitt is prepared to challenge the state’s evidence against you and protect your future. Your Westerville drug crime lawyer will examine every detail to build a strong defense strategy tailored to your situation.
How Drug Possession Charges Are Handled in Westerville
If you are charged with drug possession, the severity of your case depends on the amount and type of controlled substances.
Prosecutors consider factors such as prior convictions, intent to distribute, and whether the arrest happened in a restricted area. Drug possession charges can range from misdemeanors with fines and probation to felonies carrying years in prison.
Drug Classifications and Their Impact on Charges
Ohio categorizes controlled substances into five Schedules based on their medical use and potential for abuse. Schedule I drugs, such as heroin and LSD, carry the most severe penalties because they have no recognized medical use. Lower Schedules, including prescription medications, still result in criminal charges if possessed without a valid prescription.
Possessing highly addictive substances like fentanyl or heroin can lead to felony charges with penalties of up to 11 years in prison and fines of up to $20,000. In contrast, possessing less than 100 grams of marijuana is a minor misdemeanor, punishable by a $150 fine and no jail time. Your Westerville criminal defense lawyer from Koffel | Brininger | Nesbitt can assess how drug classification affects your case and what legal defenses may be available.
When You Can Be Charged with Drug Possession in Westerville
You can face drug possession charges if law enforcement finds controlled substances on your person, in your vehicle, or in a shared space under your control. Even if the drugs do not belong to you, prosecutors may argue that you had knowledge of their presence and the ability to control them. In some cases, constructive possession laws allow charges to be filed even if you were not physically holding the drugs.
Certain locations carry harsher penalties for drug possession offenses. If you are arrested in a school zone, near a park, or within public housing areas, sentencing enhancements may apply. For example, a fifth-degree felony drug possession charge, which would normally carry a sentence of 6 to 12 months in prison and a fine of up to $2,500, can be increased to a fourth-degree felony, resulting in a sentence of 6 to 18 months in prison and a fine of up to $5,000.
For a free legal consultation with a possesion of drug lawyer serving Westerville, call 614-884-1100
Defenses Used to Challenge Drug Possession Charges in Westerville
A drug possession charge does not always lead to a conviction. Several defense strategies can challenge the evidence, question law enforcement procedures, and reduce or dismiss the charges against you.
Your lawyer will examine the details of your case to determine the best way to fight back and protect your future.
Challenging Illegal Search and Seizure
Law enforcement must follow strict search and seizure procedures when investigating drug possession cases. If officers conducted an unlawful search of your vehicle, home, or personal belongings, any evidence they found may be inadmissible in court.
A warrantless search without probable cause or consent could lead to the suppression of drug-related evidence.
Proving Lack of Knowledge or Ownership
Prosecutors must prove beyond a reasonable doubt that you knowingly possessed the controlled substance in question. If you were unaware that drugs were present or had no control over them, this could serve as a strong defense. Simply being near a controlled substance does not automatically mean you are guilty of possession.
Westerville Possesion of Drug Lawyer Near Me 614-884-1100
Penalties for Drug Possession in Ohio
Ohio drug possession penalties can range from minor fines to lengthy prison sentences, depending on whether the charge is a misdemeanor or felony. Our team can examine the details of your case to determine how your defense could be impacted. Ohio laws that impact drug possession cases include:
- Drug Possession – Under Ohio Revised Code § 2925.11, it is illegal to knowingly obtain, possess, or use a controlled substance. Possession of a Schedule I or II drug can be charged as a felony, with penalties ranging from 6 months to 11 years in prison and fines of up to $20,000, depending on the drug and quantity.
- Drug Trafficking – Under Ohio Revised Code § 2925.03, if prosecutors believe you intended to sell or distribute drugs, possession charges may be upgraded to drug trafficking. Penalties range from a fourth-degree felony with 6 to 18 months in prison to a first-degree felony with up to 11 years in prison and a $20,000 fine.
- Counterfeit Controlled Substances – Under Ohio Revised Code § 2925.37, possessing or distributing counterfeit drugs is a separate offense that can carry similar penalties to actual drug possession. A first offense is typically a first-degree misdemeanor, punishable by up to 180 days in jail and a $1,000 fine.
- Sentencing Guidelines for Felony Drug Offenses – Ohio Revised Code § 2929.13 outlines sentencing factors for felony drug possession convictions. Aggravating factors, such as possession in a school zone, can lead to a one-level increase in felony classification and extended prison time.
- Drugged Driving – Under Ohio Revised Code § 4511.19, if you are found with controlled substances while operating a vehicle, you may also face DUI charges. A first offense can result in a mandatory minimum of 3 days in jail, a fine of up to $1,075, and a driver’s license suspension of up to 3 years.
These laws determine the severity of a drug possession conviction and how much time you could spend in jail or prison. A misdemeanor drug charge may result in a fine and probation, while a felony conviction could lead to years of incarceration and a permanent criminal record.
Your Westerville drug possession attorney will examine your case and work to minimize or eliminate these penalties.
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Your Drug Possession Lawyer in Westerville Is Ready to Defend Your Freedom
A conviction is not inevitable, but taking immediate action is crucial to protecting your future. Your drug possession attorney in Westerville with Koffel | Brininger | Nesbitt will evaluate the evidence, challenge unlawful police procedures, and fight for a brighter tomorrow.
You are only one call away from feeling better, so have us start building your defense today.
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