Possession of a controlled substance in Dayton can result in severe punishments. Ohio prosecutors aggressively pursue possession charges and request the harshest penalties available. The best thing you can do if you are charged with possession of a controlled substance is to call an experienced Dayton criminal defense attorney.
Contact Suhre & Associates to find out how our drug crime lawyers might be able to help you present a strong defense to possession charges. We offer a free consultation, so give us a call today.
Why is it Important to Hire a Drug Possession Attorney in Dayton, Ohio?
You want to avoid a prison sentence, if possible. You also want to avoid fines and other consequences of a controlled substance possession conviction. When your future and your freedom are on the line, you want an attorney with experience handling cases like your case to represent you.
Our Dayton drug possession lawyers have extensive resources to fight charges related to possession of controlled substances. Additionally, we have extensive experience handling drug possession charges, so our knowledge of the law is comprehensive. We understand the court system and the rules governing criminal cases in Dayton.
We are familiar with the various defense strategies that may apply in your case. Our defense team carefully analyzes your arrest to determine if the police officers violated your rights or made procedural errors that could result in evidence being inadmissible in court. Our team also searches for weaknesses in the prosecution’s case that we can use to attack their case.
What is a Controlled Substance?
Many people believe that controlled substances are illegal drugs. While there are illegal drugs included in the controlled substance schedules, it is not always illegal to possess a controlled substance. Some controlled substances are used for medical purposes and may be prescribed by physicians.
Therefore, if you have a valid prescription for a controlled substance and have lawfully purchased the substance, you are not violating any drug laws. However, possession of any controlled substance without a prescription is illegal.
Controlled substances can result in mental and physical dependence. Therefore, they are highly regulated by the government. If you have filled a prescription and the pharmacist asked for your driver’s license, the mediation is likely on the schedules of controlled substances.
What are the Controlled Substance Schedules?
Not all controlled substances are the same. The Controlled Substances Act (CSA) categorizes substances regulated by federal law into one of five schedules.
Each substance is evaluated for its potential for abuse, medical use, safety, and dependence risk. Based on the analysis, the substance is assigned to a specific schedule.
The five controlled substance schedules are:
Schedule I — Substances with no known medical use and have a high potential for abuse or dependency, such as ecstasy and LSD. Marijuana is also included as a Schedule I drug even though some states decriminalized marijuana for medical use.
Schedule II — These substances may have some medical benefits, but have a high risk of being abused. They also have a high risk of dependency. Examples include morphine, methadone, OxyContin, methamphetamine, and hydrocodone.
Schedule III — Substances in this schedule still have some risk of dependency, but not as high of a risk as Schedule II drugs. These types of drugs include anabolic steroids, ketamine, and Suboxone.
Schedule IV — Medications with a lower potential for abuse or dependency compared to Schedule III drugs, such as Valium, Xanax, Restoril, Ativan, and Klonopin.
Schedule V — These substances are compounds that contain minimal amounts of narcotics, such as cough syrups that contain codeine. They have the lowest risk of abuse or dependency.
What is Possession of a Controlled Substance?
According to Ohio Revised Code §2925. 11, people are prohibited from knowingly obtaining, possessing, or using a controlled substance. Ohio law also makes it illegal to possess a controlled substance analog.
A controlled substance analog is a substance that has a substantially similar chemical structure of a controlled substance. The controlled substance analog has a substantially similar effect on the person’s central nervous system as a controlled substance. Examples of analogs include drugs marketed as “bath salts” or “spice.”
Therefore, if you do not have a valid prescription for a controlled substance, you could face criminal charges and severe penalties if you are caught with a controlled substance.
What are the Potential Punishments for Possession of a Controlled Substance?
The penalties for possession of a controlled substance may include jail time, fines, and other punishments. The severity of the penalty depends on the type and quantity of the controlled substance in your possession. Aggravating factors could also increase the severity of your sentence.
Because some charges for possession of a controlled substance are felonies, you also risk losing constitutional rights, such as the right to vote or possess a firearm.
A criminal record could result in losing or being unable to obtain specific professional licenses. Also, you may not be eligible for some student loans or qualify to pursue certain educational opportunities.
Possession of a controlled substance can have immediate and long-term consequences. Working closely with your Dayton drug possession attorney can help increase your chance of avoiding the most severe penalties for your drug charge.
Note that penalties can be more severe if you are also charged with other offenses, including drug trafficking or sale of a controlled substance.
How Can I Help My Attorney Build a Strong Defense Against Possession Charges in Dayton?
Just because you’re facing a drug charge doesn’t mean you will be convicted. Here are some of the things you can do to help your attorney with your case.
Do Not Talk to the Police
You can help your Ohio drug possession attorney by not talking to law enforcement. You have the right to remain silent. You need to use it.
Trying to explain why police officers discovered controlled substances on your person, in your home, or in your vehicle can make matters worse. Do not answer questions or give statements without an attorney present.
Tell Your Attorney the Truth
Your attorney cannot help you if you are not honest with your attorney. Answer your attorney’s questions thoroughly and honestly. The last two places you want your attorney to hear the truth for the first time are in court or an interrogation room.
Your lawyer may ask odd questions, but the answers to these questions could be the key to your defense. Also, if there is someone else involved, do not hold back. You may not want to be a “snitch,” but the alternative may be a lengthy prison sentence.
Stay Out of Trouble
Avoid any other situations that could result in an arrest or investigation. A subsequent arrest for another crime could hurt your attorney’s ability to negotiate a favorable plea deal with a prosecutor. Also, if there are co-defendants in your case, do not have any contact with these individuals.
Stay Off Social Media
Do not post anything about your criminal case online. In fact, stay off social media entirely until your criminal case is resolved, including allowing other people to tag you in posts or post on your profile. Prosecutors can and do obtain access to these accounts.
Provide Information to Your Attorney Promptly
If you have additional information about your case, contact your lawyer immediately. If something happens that could impact your case, contact your lawyer immediately. When your lawyer reaches out to you, respond immediately.
Delays in communications with your defense lawyer could hurt your case. Your attorney may have a deadline for providing information to the court. If you do not respond to your lawyer, you could hurt your case, or worse, you could be put back in jail.
Get Help When Defending Against Possession Charges in Dayton
Even if this is not your first criminal charge, it is not wise to represent yourself. Prosecutors are only interested in a conviction. They may not negotiate with you in good faith, but they will take us seriously because of our reputation as aggressive criminal defense lawyers in Dayton.
If you represent yourself, the court holds you to the same standards as a defense lawyer. The court expects you to know the law and the rules of court. An honest mistake on your party could result in a guilty verdict.
Whenever possible, our lawyers get you out of jail as soon as possible. We want you to return to your family and work while we work on building a strong defense to the criminal charges. Hiring a Dayton drug crime attorney to defend you against drug possession charges is your best chance of clearing your name.
Contact a Dayton Controlled Substance Defense Attorney for Help
Have you been charged with possession of a controlled substance? The consequences can be quite serious, even if you only possessed small amounts. So, it’s important to get immediate legal counsel from an experienced Dayton drug crime defense lawyer.
Contact Suhre & Associates to discuss the drug offense, your legal rights, and your options for fighting the charges.