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Drug Possession

Troy Drug Possession Lawyer

Our Drug Possession Attorneys Can Help You Fight Charges

If you have been charged with a drug crime in the state of Ohio, you are likely facing serious legal penalties that can include jail time and fines. You are also facing a stain on your criminal record that can make it difficult to find employment, housing, and other opportunities in the future. The good news is that you are innocent until proven guilty, and our Troy drug possession attorneys at Lopez, Severt & Pratt Co., can help you build a defense that fights the charges against you.

Do not wait to get the legal help you need. Drug crime convictions are not easy to fight, and the sooner you get an experienced drug possession lawyer on your side, the better your chances of a successful outcome. Our team has more than 100 years of combined legal experience, and we have successfully defended thousands of clients throughout our years in practice. We know how to help you, and we are ready to fight for you.

Call us at (937) 400-3170 or contact us online to learn more about how we can help you. Schedule a consultation with one of our drug possession lawyers in Troy today.

What Are the Penalties for Drug Possession in Ohio?

Ohio drug possession charges can be either a misdemeanor or a felony, depending on the type and amount of the drug involved. The state of Ohio generally classifies drugs into five “schedules,” with Schedule I drugs being the most dangerous and Schedule V drugs being the least dangerous. The penalties for drug possession depend on the schedule of the drug as well as the amount of the drug in your possession.

In Ohio, drug possession can be charged as a misdemeanor or a felony, as follows:

  • Misdemeanor Possession: If you are found in possession of less than 100 grams of a Schedule I or II controlled substance, you can be charged with a first-degree misdemeanor. The penalties for misdemeanor possession can include up to 180 days in jail and/or $1,000 in fines. Note that misdemeanor possession of marijuana is punishable by up to 30 days in jail and/or $250 in fines.
  • Fifth-Degree Felony: If you are found in possession of more than 100 grams of a Schedule I or II controlled substance, you can be charged with a fifth-degree felony. The penalties for felony possession can include between 6 and 12 months in jail and/or $2,500 in fines. Note that felony possession of marijuana is punishable by up to 1 year in jail and/or $2,500 in fines.
  • Fourth-Degree Felony: Possessing more than 200 grams of a Schedule I or II controlled substance is a fourth-degree felony. The penalties for felony possession can include between 6 months and 18 months in jail and/or $5,000 in fines. Note that felony possession of marijuana is punishable by up to 18 months in jail and/or $5,000 in fines.
  • Third-Degree Felony: Possessing more than 1,000 grams of a Schedule I or II controlled substance is a third-degree felony. The penalties for felony possession can include between 9 months and 3 years in jail and/or $10,000 in fines. Note that felony possession of marijuana is punishable by up to 3 years in jail and/or $10,000 in fines.
  • Second-Degree Felony: Possessing more than 5,000 grams of a Schedule I or II controlled substance is a second-degree felony. The penalties for felony possession can include between 2 and 8 years in jail and/or $15,000 in fines. Note that felony possession of marijuana is punishable by up to 8 years in jail and/or $15,000 in fines.
  • First-Degree Felony: Possessing more than 20,000 grams of a Schedule I or II controlled substance is a first-degree felony. The penalties for felony possession can include between 3 and 10 years in jail and/or $20,000 in fines. Note that felony possession of marijuana is punishable by up to 10 years in jail and/or $20,000 in fines.

What Are the Penalties for Drug Paraphernalia Possession in Ohio?

In addition to drug possession, Ohio law also makes it illegal to possess drug paraphernalia. This can include items that are used to manufacture, cultivate, store, or consume drugs. Examples of drug paraphernalia include bongs, pipes, syringes, scales, baggies, and more. If you are found in possession of drug paraphernalia, you can be charged with a misdemeanor in the first degree, which is punishable by up to 180 days in jail and/or $1,000 in fines.

What Defenses Are Available for Drug Possession Charges?

If you are facing drug possession charges, you may be wondering if there is any way to avoid a conviction. In fact, there are several defenses that can be used to fight drug possession charges. The right defense strategy for you will depend on the specific facts of your case, as well as the evidence against you. Our drug possession lawyers in Troy can help you determine the best way to proceed.

Some common defenses used in drug possession cases include:

  • Illegal search and seizure: Law enforcement officers must have a valid reason to stop and search you. If you were searched without a warrant or without probable cause, we can challenge the legality of the search and any evidence found as a result.
  • Unknowing possession: You can only be convicted of drug possession if the prosecution can prove that you knew the drugs were in your possession. If you were unknowingly in possession of drugs, we can argue that you should not be convicted.
  • Problems with the chain of custody: The prosecution must be able to establish the chain of custody for any drugs or drug paraphernalia that are being used as evidence against you. If there are any problems with the chain of custody, we can argue that the evidence is not reliable.
  • Problems with the lab tests: The prosecution must also be able to establish that the drugs in question are illegal. If there are any problems with the lab tests that were used to determine the type and amount of drugs, we can argue that the evidence is not reliable.

In some cases, we may be able to negotiate a plea deal that reduces the charges against you, or we may be able to get the charges dropped altogether. If your case goes to trial, we can present a strong defense on your behalf. Our drug possession attorneys in Troy have a long track record of success, and we can put our experience to work for you.

How Long Will a Drug Possession Conviction Stay on My Record?

Drug possession convictions can stay on your criminal record indefinitely, unless you take legal action to have them expunged. Expungement is the process of sealing or erasing a criminal record so that it is not accessible to the public. In Ohio, you may be eligible to have your drug possession conviction expunged if you meet certain criteria.

Under Ohio law, you may be eligible to have your drug possession conviction expunged if:

  • You were convicted of a misdemeanor or a felony of the fourth or fifth degree
  • You have never been convicted of any other crime
  • You have successfully completed all of the terms of your sentence, including probation, community service, and/or fines
  • You have been free from any criminal charges for a certain period of time

Expungement is a complex legal process that requires filing a petition with the court and attending a hearing. Our Troy drug possession lawyers can help you determine if you are eligible for expungement and guide you through each step of the process.

How Can a Drug Possession Lawyer Help Me?

When you are facing drug possession charges, you may be tempted to represent yourself in court or to accept a plea deal from the prosecution. You may also be tempted to simply admit guilt in the hopes of a more lenient sentence. The reality is that drug possession charges are serious and should not be taken lightly. The consequences of a conviction can be severe, and you need an experienced attorney on your side who can fight for you.

Our drug possession lawyers in Troy can help you understand your rights and options, as well as the potential penalties you are facing. We can help you build a defense that challenges the charges against you and that protects your future. We are not afraid to take on prosecutors, and we are prepared to advocate for you both in and out of the courtroom.

Schedule a Consultation with a Drug Possession Lawyer in Troy

When you need a drug possession lawyer you can trust, turn to Lopez, Severt & Pratt Co., L.P.A. Our team has been serving the community for more than 60 years, and we have earned a reputation for providing personalized and effective legal representation. We are proud to be Troy's oldest and largest law firm, and we are ready to put our experience to work for you.

Call us at (937) 400-3170 or contact us online to schedule a consultation with one of our drug possession lawyers in Troy.

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