Understanding Your Rights in Drug Possession Cases
Navigating the legal landscape of drug possession charges can be daunting. It's crucial for you to understand your rights and the legal protections available to you during this process. At Bleile & Dawson, we believe that informed clients can make better decisions regarding their defense. Here’s what you need to know:
- Right to Remain Silent: You are not obligated to speak with law enforcement officers without legal representation. Exercising this right can prevent misunderstandings that may negatively impact your case.
- Right to Legal Counsel: You have the right to consult with a qualified attorney before responding to law enforcement inquiries or making any statements. This ensures you receive sound legal advice and support throughout the process.
- Understanding Search and Seizure Laws: Familiarize yourself with the Fourth Amendment, which protects you against unreasonable searches and seizures. If law enforcement violated this right, it may open avenues for challenging the charges against you.
- Access to Evidence: You have the right to request evidence that the prosecution intends to use against you, including police reports and witness statements. This transparency helps us build a stronger defense on your behalf.
Our dedicated team is here to guide you through every step of the legal process. By understanding your rights, you can take control of your situation and work towards the best possible outcome. Don’t hesitate to reach out for a consultation.
Understanding the Legal Process for Drug Possession Cases
Navigating through drug possession charges can be daunting, but knowing the legal process can empower you during this challenging time. At Bleile & Dawson, we aim to demystify the steps involved in drug possession cases in Ohio, so you can feel informed and prepared.
Here’s what you can expect if you or a loved one is facing a drug possession case:
- Arrest and Charges: After an arrest, law enforcement officials will file charges based on the evidence collected. Understanding the specific charges against you is crucial as it shapes your defense strategy.
- Initial Court Appearance: You will appear before a judge, where your bail will be set, and you will be informed of your rights. It’s essential to have a defense attorney present during this stage.
- Pre-Trial Proceedings: This phase involves discussions between your attorney and the prosecutor to explore plea deals, evidence challenges, or potential dismissal of charges.
- Trial Preparation: If your case goes to trial, your attorney will work on building a strong defense, including gathering evidence, interviewing witnesses, and exploring legal defenses.
- Trial: During the trial, your attorney will present your case, cross-examine witnesses, and attempt to establish reasonable doubt regarding your guilt.
- Sentencing: If found guilty, the court will determine your sentence. This could involve fines, probation, or even incarceration. A skilled attorney can advocate for the most favorable sentencing options.
It’s important to have a knowledgeable attorney by your side throughout this process to ensure your rights are protected and to work towards the best possible outcome in your case. Contact Bleile & Dawson today for a consultation to discuss your situation and explore your defense options.
How Long Do You Go to Jail for Possession?
In Ohio, the length of jail time that you can receive for possession largely depends on the type and amount of controlled dangerous substance (CDS) found in your possession. Ohio divides CDS into five “schedules” with Schedule I including the most dangerous drugs.
Depending on the amount of drug found in your possession you can face the following jail sentences:
- Schedule I and II: six months in jail to 11 years in prison
- Schedule III, IV, and V: 180 days in jail to eight years in prison
- Cocaine: six months in jail to 11 years in prison
- LSD: six months in jail to 11 years in prison
- Heroin: six months in jail to 11 years in prison
Ohio Marijuana Possession: Fines and Sentences
- Less than 100g:
- Minor misdemeanor
- Fine of $150
- 100g or more:
- Misdemeanor of the fourth degree
- Up to 30 days in jail
- Fine of $250
- 200g or more:
- Felony of the fifth degree
- 6 months - 1 year in jail / prison
- Fine of $2,500
- 1,000g or more:
- Felony of the third degree
- 1 - 5 years in jail / prison
- Fine of $10,000
- 5,000g or more:
- Felony of the third degree
- Presumption of a prison term
- 1 - 5 years in prison
- Fine of $10,000
- 20,0000g or more:
- Felony of the second degree
- Mandatory prison term of 5, 6, 7 or 8 years
- Fine of $15,000
- More than 40,000g:
- Felony of the first degree
- Mandatory prison term of 8 years (maximum term for felony of the second degree)
- Fine of $15,000
Ohio Revised Code 2925.11 Penalties
Possession of drugs such as cocaine, L.S.D., heroin, methamphetamine, or any Schedule I, II, III, IV or V drug can be charged as a felony of the fifth, fourth, third, or first degree depending on the amount in possession. See Ohio Revised Code §2925.11 for a full list of offenses and penalties regarding possession of a controlled substance in Ohio.
At Bleile & Dawson, our Cincinnati drug possession lawyers strive to provide a solid defense for our client, focusing on the unique needs of each client. When you work with us, we will give our all to your defense and will do everything we can to protect your freedom.
Understanding Your Legal Options for Drug Possession Charges
Being charged with drug possession can have serious legal consequences, but it's important to remember that you have legal rights and options for defense. Our experienced Cincinnati drug possession defense attorneys are here to help you navigate the legal process and fight for the best possible outcome for your case.
Some legal options for drug possession charges may include:
- Challenging the legality of the search and seizure
- Negotiating for reduced charges or penalties
- Seeking alternative sentencing options, such as drug diversion programs
- Building a strong defense strategy based on the specific details of your case
It's crucial to seek legal representation as soon as possible after being charged with drug possession to ensure that your rights are protected and that you have the best chance for a favorable outcome. Contact our Cincinnati law firm today to schedule a consultation and discuss your legal options.
Call us at (513) 399-5945 or contact us online today to learn how we can fight your drug possession charges! Our experienced Cincinnati drug possession lawyers can help.