Columbus Drug Possession Attorney

What is Drug Possession?

Drug possession charges are common occurrence in the United States, including the state of Ohio. Drug possession is the illegal possession of controlled substances as defined by the federal and state law. These controlled substances include but not limited to: cocaine, heroin, marijuana, oxycontin, LSD, methamphetamine, and prescription drugs.   The charges for drug possession can range from civil infractions, misdemeanors, and felonies. Depending on the seriousness of the charges, the punishment for drug possession can vary greatly. The variation in penalties are dependent largely on the type and the quantity of that drug discovered.

Aside from fines, probation and possible jail time, if you are charged with drug possession under Ohio law, you will be subject to a mandatory six month to 5 year license suspension. In addition, a drug possession conviction could disqualify you from student financial aid loans and can also cause licensure issues in some professions.

How Can A Criminal Defense Attorney Help?

In order to convict you of drug possession, the prosecutor must prove beyond a reasonable doubt that: 1. the alleged illegal substances are in fact controlled substances and 2. you had control over the illegal substance. A professional criminal defense attorney can help you fight a drug possession charge by making sure that the prosecutor can not prove you guilty beyond a reasonable doubt. First, the criminal defense attorney will figure out if and any mistakes were made by the police during the stop which lead to your arrest and subsequent charges. This can be done by requesting discovery from the prosecutor who must turn over all and any evidence against you, such as police reports, criminal complaints, and physical evidence. Police officers are human too and they make mistakes during the course of their jobs. These mistakes can be defective search warrants, omitted or incorrect Miranda warnings, illegal search and seizures, and intentional miscarriage of law. If any mistakes on the part of the police were discovered, the criminal defense attorney will then negotiate with the prosecutors for the best possible plea deal for your particular case. If no favorable plea deal can be struck with the prosecutor, the criminal defense attorney will take the case to a motion hearing in which he/she will file motions to the judge for a ruling on evidentiary issues. Finally, if the judge denies the motion, then your attorney will take your case to trial.

Are you in trouble? Contact us.

If you’ve been charged with possession of drugs, it’s important to know what you’re up against. Complete the form on this page to have local attorneys call you directly. The form is quick and easy to complete and attorneys will call you at no cost or obligation.

[learn_more caption=”Felony Drug Possession”]

Possession of any Schedule I or II drug besides marijuana is automatically a felony. For marijuana, the amount must be more than 199 grams to be charged as a felon. Felony drug possession has much harsher penalties associated with it than misdemeanor drug possession, including fines as high as $20,000 and a prison term as long as 10 years. In light of this fact, it’s of utmost importance that you consult with an experienced criminal defense attorney to chart out your best course of action.

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[learn_more caption=”Aggravated Possession of Drugs”]

In order to be charged with aggravated possession of drugs, you must have on your person a Schedule I or II drug other than marijuana, spice, cocaine, LSD, heroin or hashish. Penalties for aggravated possession of drugs are doled out according to the “bulk amount” of the drug you were charged for. This differs by drug.

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[learn_more caption=”Aggravated Possession Penalties”]

[learn_more2 caption=”Less than the bulk amount” state=”close”]

This is a felony of the fifth degree and carries the following penalties:

      • A prison term of six months to a year
        • In its place, your judge may sentence you to probation or other community control punishments
      • At most, a fine of $2,500
      • Suspension of your driver’s license for sixth months to five years, with
        • A chance at receiving limited driving privileges, for going to work and other pre-approved purposes, at the judge’s discretion
      • Possible suspension or revocation of your professional license

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[learn_more2 caption=”Bulk amount to four times the bulk amount”]
This is a felony of the third degree and carries the following penalties:

        • A probable prison term of nine months to three years
        • A fine of $5,000 to $10,000
        • Suspension of your driver’s license for sixth months to five years, with
          • A chance at receiving limited driving privileges, for going to work and other pre-approved purposes, at the judge’s discretion
        • Possible suspension or revocation of your professional license

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[learn_more2 caption=”Five times the bulk amount to 49 times the bulk amount”]

This is a felony of the second degree and carries the following penalties:

    • A mandatory prison term of two to eight years
    • A fine of $7,500 to $15,000
    • Suspension of your driver’s license for sixth months to five years, with
      • A chance at receiving limited driving privileges, for going to work and other pre-approved purposes, at the judge’s discretion
  • Possible suspension or revocation of your professional license

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[learn_more2 caption=”Fifty times the bulk amount to 99 times the bulk amount”]

This is a felony of the first degree and carries the following penalties:

    • A mandatory prison term of three to 10 years
    • A fine of $10,000 to $20,000
    • Suspension of your driver’s license for sixth months to five years, with
      • A chance at receiving limited driving privileges, for going to work and other pre-approved purposes, at the judge’s discretion
  • Possible suspension or revocation of your professional license

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[learn_more2 caption=”One hundred times the bulk amount or more”]

This is a felony of the first degree and carries the following penalties:

    • A mandatory prison term of 10 years
    • A fine of $10,000 to $20,000
    • Suspension of your driver’s license for sixth months to five years, with
      • A chance at receiving limited driving privileges, for going to work and other pre-approved purposes, at the judge’s discretion
  • Possible suspension or revocation of your professional license

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[learn_more caption=”Drug Possession Penalties”]

Marijuana

Less than 100 grams

Though this is a minor misdemeanor, it will not appear on your permanent record. It carries the following penalties:

  • At most, a fine of $150
  • Suspension of your driver’s license for sixth months to five years, with
    • A chance at receiving limited driving privileges, for going to work and other pre-approved purposes, at the judge’s discretion
  • Possible suspension or revocation of your professional license

[button link=”/locations/columbus/drug-offenses/drug-possession-attorney/marijuana-possession-penalties” type=”icon” icon=”paper”]Full Guide of Columbus Marijuana Possession Penalties[/button]

Cocaine

Less than 5 grams

This is a felony of the fifth degree and carries the following penalties:

  • A prison term of six months to a year
    • In its place, your judge may sentence you to probation or other community control punishments
  • At most, a fine of $2,500
  • Suspension of your driver’s license for sixth months to five years, with
    • A chance at receiving limited driving privileges, for going to work and other pre-approved purposes, at the judge’s discretion
  • Possible suspension or revocation of your professional license

[button link=”/locations/columbus/drug-offenses/drug-possession-attorney/cocaine-possession-penalties” type=”icon” icon=”paper”]Full Guide of Columbus Marijuana Possession Penalties[/button]

Heroin

Less than one gram or less than 10 doses

This is a felony of the fifth degree and carries the following penalties:

  • A prison term of six months to a year
    • In its place, your judge may sentence you to probation or other community control punishments
  • At most, a fine of $2,500
  • Suspension of your driver’s license for sixth months to five years, with
    • A chance at receiving limited driving privileges, for going to work and other pre-approved purposes, at the judge’s discretion
  • Possible suspension or revocation of your professional license

[button link=”/locations/columbus/drug-offenses/drug-possession-attorney/heroin-possession-penalties” type=”icon” icon=”paper”]Full Guide of Columbus Marijuana Possession Penalties[/button]

Crytal Meth

Less than three grams

This is a felony of the fifth degree and carries the following penalties:

  • A prison term of six months to a year
    • In its place, your judge may sentence you to probation or other community control punishments
  • At most, a fine of $2,500
  • Suspension of your driver’s license for sixth months to five years, with
    • A chance at receiving limited driving privileges, for going to work and other pre-approved purposes, at the judge’s discretion
  • Possible suspension or revocation of your professional license

[button link=”/locations/columbus/drug-offenses/drug-possession-attorney/crystal-meth-possession-penalties” type=”icon” icon=”paper”]Full Guide of Columbus Marijuana Possession Penalties[/button]

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[learn_more caption=”Frequently Asked Questions”]

If the drug is not on me, am I free and clear?

Not necessarily. You could qualify for “constructive possession” if you were aware the drug was in your vicinity, you knew it was illegal and it was close enough to you that someone could reasonably assume it was yours. If you are in a situation like this, it’s important that you speak with an experienced criminal defense attorney to see what kinds of defenses are available to you.

What are some common defenses to drug possession?

Generally, a criminal defense attorney will first look to see whether your right to be protected against illegal search and seizure was violated in any way during the incident. Officers must have probable cause before stopping you to commit a search. Any violation in protocol has the potential to help your case.

Will a minor misdemeanor marijuana charge (less than 100 grams) go on my permanent record?

Nope! Your driver’s license (and possibly your professional license) may still be suspended, however, and you’ll have to pay a fine of up to $150.

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