Are you facing criminal charges for drug possession in Cleveland, OH? If so, it’s normal to feel uncertain about what happens next. The legal system can be complicated, but with the right attorney, you can gain a clearer understanding of your situation and potential defenses.
Having someone in your corner who knows how to handle these types of cases can make a significant difference in how you move forward. Contact The Elkhatib Law Office to schedule a free consultation with an experienced Cleveland drug possession lawyer at (216) 334-3444.
How The Elkhatib Law Office Can Help if You’re Arrested for Drug Possession in Cleveland
If you’ve been arrested for drug possession in Cleveland, Ohio, our team is here to help. Our Cleveland criminal defense lawyers understand the specific challenges that come with drug charges, and here are a few ways we can assist:
- We will analyze the evidence to determine if law enforcement followed proper procedures during your arrest.
- If your rights were violated or procedures weren’t followed, we can file a motion to suppress illegally obtained evidence.
- We will fight for reduced charges or alternative sentencing options, such as diversion programs or treatment. If that’s not possible, we’ll try to negotiate a fair plea deal.
- We are ready to represent you in court if it gets to that point.
Our team is committed to guiding you through this difficult time. We have over 95 five-star ratings on Google and have been recognized by The National Trial Lawyers. Contact The Elkhatib Law Office to schedule a free consultation with a Cleveland drug crimes attorney.
Overview of Drug Possession in Ohio
Ohio’s drug possession laws divide substances into five schedules. Schedule I drugs – like synthetic marijuana, heroin, and ecstasy – carry the harshest penalties due to their high abuse risk and minimal medical use. Schedule II substances (such as morphine and cocaine) still pose significant risks but may have approved medical applications.
Schedule III and IV substances present some degree of danger but are widely recognized for specific treatments, including anabolic steroids (Schedule III) and Xanax (Schedule IV). Finally, Schedule V covers drugs with the lowest abuse potential, often used in everyday medical care, like certain codeine-based medications. A crucial factor in determining the punishment is the amount or “bulk” involved; larger quantities can lead to more severe charges.
Defining Possession
Possession can be established in two ways: actual or constructive. Actual possession means a person has a drug on them – such as in their pocket, bag, or immediate control.
Constructive possession occurs when drugs are located in an area over which someone has control or the ability to gain control, even if not physically on them at the time. This could be in a person’s vehicle or bedroom.
Whether a suspect is charged with actual or constructive possession, the schedule classification of the drug and any bulk amount discovered can significantly affect the level of offense and potential penalties.
What Are the Penalties for Drug Possession in Cleveland, Ohio?
Possessing drugs in Cleveland, Ohio, can result in serious penalties, depending on the type of substance and amount involved. You could be facing the following:
- Prison Time: Sentences can reach up to 11 years or more, especially for large quantities or highly dangerous drugs.
- Probation: Some first-time offenders may be put on probation instead of being sentenced to jail or prison.
- Treatment: The court may require you to attend a treatment program if it believes you have a drug or alcohol problem that contributed to your offense.
- Collateral Consequences: Beyond jail time, a drug conviction can affect your ability to obtain housing, employment, and educational opportunities.
If you have any questions about the possible penalties you could be facing, don’t hesitate to contact us for help.
What Defenses Can Be Raised if I’m Arrested for Drug Possession?
If you have been arrested for drug possession, there are several defenses that can be raised to challenge the charges against you. Common defenses include:
Unlawful Search and Seizure
The Fourth Amendment protects you from illegal searches and seizures. If the police obtained evidence without seeking a warrant and they didn’t have probable cause for a search, that evidence may be excluded from your case. This can significantly weaken the prosecution’s position.
Lack of Possession
Possession isn’t always as straightforward as it seems. If the drugs weren’t physically on your person or there’s no evidence they were under your control, this could be a viable defense. For example, if drugs were found in a shared space or someone else’s belongings, proving ownership may be difficult for the prosecution.
Issues with Evidence Handling
Drugs submitted as evidence must follow strict handling and chain-of-custody procedures. If there’s any doubt about where the evidence has been or whether it has been tampered with, it could be excluded.
Every case is unique, and an experienced attorney can help determine the most effective defense for your situation.
Schedule a Free Consultation With Our Cleveland Drug Possession Attorneys
If you’re charged with drug possession in Ohio, having the right legal support can change the trajectory of your case. A knowledgeable attorney can challenge questionable evidence, negotiate for reduced charges, and help you fully understand your options. They will answer any questions you have so you know what to do in this confusing situation.
If you’re facing drug possession charges, we’re here to help. Contact The Elkhatib Law Office to schedule a free consultation with a Cleveland drug possession lawyer.
