Possession of marijuana in Ohio is nothing to take lightly. Even the most minor conviction can have long time effects that will make problems in your life for years to come. From getting an education to finding a good job, if you’re convicted of a drug offense, you’ll feel the stigma of that for many years. An aggressive criminal defense attorney will be able to help you – don’t give in to a drug conviction, yet!
No matter what amount of marijuana is in your possession, it is a crime to have it. But, the amount will determine the degree of the offense, and if convicted, what the penalties will be. Was it in your possession? Did you know that it was, indeed, marijuana? Did you intend to possess it? You should also know that you can be charged with possession even if it is not on you. Ohio recognizes two forms of possession – actual and constructive.
- Actual possession – possessing marijuana on you. If it is found on you, then the question turns to whether or not law enforcement had reasonable suspicion to conduct the search that led to your arrest.
- Constructive possession – occurs when marijuana is not found on a person, but is found in another location or common area. However, the government must prove:
- the marijuana in question was within your property and control
- you knew of the existence of the marijuana
- you knew the marijuana was illegal
The penalties for marijuana possession Ohio range from a small fine to years of incarceration. The maximum penalty imposed for a conviction depends on the quantity of marijuana. A relatively small amount is a minor misdemeanor, but possession can be as serious as a second-degree felony when the quantity is very large. Always in Ohio, if convicted of a drug offense, you will be facing the loss of driving privileges.
You will need an experienced criminal defense attorney in Ohio to fight the charge. Your evidence and testimony will be reviewed in great detail. The process used by law enforcement when the marijuana was found will be scrutinized – your rights may have been violated or the collection of the evidence was tainted. Was the evidence obtained properly? Were you read your Miranda rights? There are plenty of defense strategies a good defense attorney will use.
The Bottom Line: Finding the very best criminal defense attorney in Ohio is a must. You will need one that will work tirelessly to defend you in every way possible. Just because you were arrested and charged with marijuana possession you should not assume that you will be convicted. Remember, you are presumed innocent until proven guilty. The prosecution may not be able to prove the case against you. Call me immediately and know that I will be able to successfully defend you . I know what will win in court and what defensed are most capable to get cases dismissed or reduced. Put my number in your phone: 513-260-2099
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