Drug Possession Charges

Being charged with the possession of a controlled substance can be a frightening experience. As soon as the police place the cuffs on your wrists, you will almost certainly begin worrying about how your arrest and subsequent punishment will impact your future.

However, before you begin to panic, it is important to remember that you can only be punished if the prosecution can successfully convict you. As such, it is in your best interest to make their job as difficult as possible. You can do just that by hiring an experienced drug possession lawyer, like those here at James D. Owen, LLC in Columbus.

How Our Criminal Defense Attorneys Can Help You Fight Back Against Your Drug Possession Charge

The Columbus drug crimes attorneys here at James D. Owen, LLC, believe that everyone who is accused of a crime should be entitled to a staunch legal defense. When you come to us for help with your drug possession charge, we will:

Provide You with Sound Legal Advice

As you work through your criminal case, you will have to make lots of difficult decisions. If you make the right moves in these situations, you may be able to improve your chances of achieving a favorable outcome to your case. However, if you make an error or misstep, you might make it easier for the prosecutor to convict you.

The attorneys at our law firm have been working within the legal field for years. As such, we have the knowledge and experience to help you deal with the challenging scenarios you face throughout your case. Whenever you aren’t sure what to do, just let us know, and we will provide you with the advice and guidance you need.

Protect Your Constitutional Rights

When investigating you, law enforcement officers must respect your Fourth Amendment right to avoid unreasonable search and seizure. When questioning you about the crime, the prosecutor must respect your Fifth Amendment right to avoid self-incrimination. 

When you hire a James D. Owen, LLC, criminal defense attorney, we will work diligently to ensure that your rights are not violated. If we notice a prosecutor or police officer step over the line, we will address the issue immediately and raise it with the judge if necessary.

Negotiate with the Prosecuting Attorney on Your Behalf

Most drug possession cases never go to court. Instead, they are often resolved using a plea bargain agreement. If you would like to explore the possibility of resolving your case in this way, you will need to have an experienced attorney negotiate the terms of the deal on your behalf.

Our skilled drug crime and DUI lawyers have been dealing with Ohio prosecutors for years. As such, we understand how to negotiate with them in an effective way. When you hire us, we will work tirelessly to try to land you a fair plea bargain deal.

Would you like to have a James D. Owen, LLC, defense attorney represent you throughout your drug possession case? To get started, just give us a call to set up a free consultation at our Columbus law office.

Understanding Ohio’s Drug Possession Laws

In the state of Ohio, drug possession offenses are generally prosecuted under one of two criminal statutes. They are:

Possession of Controlled Substances

The crime of possession of controlled substances is outlined in section 2925.11 of the Ohio Revised Code. This statute states, quite simply, that no person may knowingly obtain, possess, or use a controlled substance or an analog.

Possession with Intent to Distribute

Possession with the intent to distribute is defined under section 2925.03 of the Ohio Revised Code. This statute explains that an individual may be arrested and charged with this offense if they:

• Sell or offer to sell a controlled substance or an analog.
• Ship, prepare for shipment, deliver, transport, distribute, or prepare for distribution a controlled substance that they have reasonable cause to believe is intended for resale by another party.

This offense is often referred to as drug trafficking.

Have you been arrested for drug possession in the state of Ohio? If so, the criminal defense lawyers here at James D. Owen, LLC may be able to help. Contact us today to schedule a free consultation and learn more about our legal services.

Schedule of Controlled Substances in Ohio

Under section 3719.41 of the Ohio Revised Code, the state of Ohio categorizes its list of controlled substances into five schedules as follows:

Schedule I Controlled Substances

Substances that have a high potential for abuse or do not have a known medical use typically fall into this category. A brief list of Schedule I drugs would include:

• Marijuana
• Peyote
• Mescaline
• Heroin
• Morphine

Schedule II Controlled Substances

Schedule II controlled substances generally have a high potential for abuse, but may also have some accepted medical uses. The state includes the following drugs in this category:

• Methadone
• GHB
• Raw opium
• Codeine
• Oxycodone

Schedule III Controlled Substances

The state of Ohio classifies drugs that have some potential for abuse and some widely-accepted medical uses as Schedule III controlled substances. Some examples of drugs in this category would include:

• Ketamine
• Nalorphine
• Stanozolol
• Dronabinol
• Barbituric acid

Schedule IV Controlled Substances

Drugs that have a low potential for abuse and some accepted medical uses are generally classified as Schedule IV controlled substances. Common examples of Schedule IV drugs include:

• Valium
• Xanax
• Modafinil
• Sibutramine
• Pipradrol

Schedule V Controlled Substances

Schedule V drugs have a low likelihood of abuse and have a wide range of medical uses. A brief list of substances that fall into this category would include:

• Ephedrine
• Pyrovalerone
• Buprenorphine
• Drugs that contain less than 200mg of codeine per 100g
• Drugs that contain less than 100mg of opium per 100g

If you have been charged with possession or possession with the intent to sell, please do not hesitate to reach out to the James D. Owen, LLC legal team here in Columbus. We are always ready, willing, and able to help you fight back against your drug charge.

Criminal Penalties for Drug Possession Convictions in Ohio

In the state of Ohio, the punishments for drug possession offenses are dependent on several different factors, including:

• The controlled substance in question
• The quantity of the controlled substance in question
• Whether or not the offender intended to sell the controlled substance

Generally speaking, an individual who was found to be in possession of marijuana that they intended to sell is likely to be punished much more severely than someone who was caught carrying a small amount of Xanax.

The state of Ohio uses the following guidelines to punish individuals who have been convicted of drug possession offenses:

• First-Degree Misdemeanor: Up to 180 days in jail and a fine of up to $1,000.
• Fifth-Degree Felony: Up to 12 months in prison and a fine of up to $2,500.
• Fourth-Degree Felony: Up to 18 months in prison and a fine of up to $5,000.
• Third-Degree Felony: Up to 5 years in prison and a fine of up to $10,000.
• Second-Degree Felony: Up to 8 years in prison and a fine of up to $15,000.
• First-Degree Felony: Up to 10 years in prison and a fine of up to $20,000.

The state of Ohio also operated pre-trial diversion programs that may be offered to first-time offenders who the prosecutor believes are unlikely to break the law again in the future. Individuals who are enrolled in these programs usually need to:

• Take crime prevention classes
• Pay a supervision fee
• Pay restitution to their victims
• Submit to random drug testing
• Avoid committing further crimes

Offenders who successfully complete a pre-trial diversion program will have their charge dismissed. They will not face any fines or jail time.

Do you need an experienced drug possession lawyer to help make it as difficult as possible for the prosecution to convict you? Then please reach out to the team here at James D. Owen, LLC, in Columbus, OH, today. 

Defenses Against Ohio Drug Possession Charges

In most cases, the best way to prevent a possession charge from becoming a possession conviction is with the help of an effective defense strategy. A brief list of some of the most commonly used defenses in Ohio drug possession cases would include:

Fourth Amendment Violations

If a defense attorney can show that their client’s drugs were found because a law enforcement officer conducted an illegal search, they may be able to get the case dismissed.

Not a Controlled Substance

Police officers often make drug possession arrests based on the fact that the suspect was carrying something that looked like a controlled substance. If a lawyer can prove that the substance was not controlled by the state, they should have no trouble getting their client’s charges dropped.

Medical Exception

Medical marijuana is legal in the state of Ohio. If an attorney can show that their client had a medicinal reason for carrying drugs, they should be able to get the prosecution to drop the case.

Need an Experienced Drug Possession Lawyer? Contact James D. Owen, LLC

The lawyers here at James D. Owen, LLC, have been defending the people of Columbus against their drug crimes charges for years. If you would like to have us help you fight back against your possession charge, just give us a call or send us a message online today.