Marijuana. Men, women, college students and high school students are caught with marijuana all the time. An experienced criminal defense attorney will be able to help avoid the worst case scenario if you are caught knowingly or intentionally possessing marijuana.
Law enforcement is trained to assume, when pot is found, to charge the person it is on with a crime. They don’t have to smell it on you or witness you using it. When a person is charged with a crime like this that is attached to using illegal drugs, it becomes a huge problem that causes long term effects. Most employers do background checks and will find it. Getting a loan to start a business, buy a car or a home might be difficult due to a charge such as this.
Possession of small amounts of marijuana has been “decriminalized” in Ohio. In other words, if you are caught with less than one ounce of marijuana on you it will be confiscated and you will be fined $150, with no jail time. It’s only a minor misdemeanor. However, your driver’s license could be suspended and it could end up with a criminal record. If you are caught possessing more than one ounce of marijuana, jail time is a possibility, especially if you are accused of distribution. Marijuana paraphernalia, including pipes, vaporizers and bongs are still illegal as well. Also, the seriousness of the offense could depend on where you are charged. Even though marijuana possession is a minor misdemeanor under the Ohio code, it might not be if you are charged under a municipal code.
Depending on the circumstances of your case, there can be several possible defenses argued in court by an aggressive, experienced criminal defense attorney in Ohio. For example, did the arresting officer honor your Fourth Amendment rights when you were stopped or searched? Was there reasonable suspicion that a traffic or criminal violation took place before the arrest? Specific facts must be proven that led them to believe that a crime was committed.
Police must have a warrant to search you, your car, your house, your bag, backpack or anything else. There are exceptions to the warrant as recognized by the Ohio Supreme Court:
- Search incident to a lawful arrest
- Consent signifying waiver of constitutional rights
- The stop-and-frisk (Terry) doctrine
- Hot pursuit
- Probable cause to search
- Exigent circumstances
- Plain-view doctrine
If one of these exceptions do not apply, and the police searched without a warrant, the search may have been unconstitutional.
The Bottom Line: While the battle to legalize drugs like marijuana is ongoing, the state comes down on drug abuse as hard as it ever did before. The best thing you can do to fight drug charges in Ohio and protect yourself is to obtain an experienced criminal defense attorney as soon as possible. The longer you wait, the more difficult it will be for me to help you. Always know your rights and use them to protect yourself to the best of your ability. Put my number in your phone and call me to help you. 513-260-2099
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