An arrest is just the beginning of the story. Your defense attorney has various defenses that may apply to your case.
Unlawful Search and Seizure
The Fourth Amendment protects individuals from unreasonable searches and seizures. If the police violate your rights while searching and seizing evidence, your attorney can fight to have that evidence thrown out. Some ways in which the police unlawfully search and seize include:
- Executing a traffic stop without probable cause;
- Searching a home or vehicle without a warrant or other valid authority;
- Exceeding the scope of a search warrant.
If your attorney manages to get key evidence thrown out, your case will likely be dismissed.
Entrapment by Dayton Police
Entrapment occurs when the authorities design a criminal plan and convince or coerce someone to carry it out. This could be someone who would not otherwise be engaged in the criminal plan. For example, if a police officer coerces someone to sell cocaine, and that person would never have done so otherwise, that person can use entrapment as a defense.
You Didn’t Possess the Drug
Often, prosecutors use constructive possession to build cases. Constructive drug possession is when the drugs are not in the person of the defendant but somewhere under their direct dominion and control, such as a locker or a storage unit.
If someone else’s drugs end up in your locker or the trunk of your car, your defense attorney may be able to argue that you did not possess the drugs because you did not know they were there. However, if you knew they were in your locker and allowed them to remain, you may still face a possession charge, even if they are not your drugs.
Your Medical Marijuana Is Legal
Medical marijuana is legal in Ohio, yet people are still finding themselves facing criminal possession charges when they have followed all state medical marijuana rules. When this occurs, your attorney will present proof of your right to consume marijuana for medicinal purposes.
Your Prescription Drugs Are Legal
Prescription drugs are legal. However, this does not prevent some users from facing criminal charges. If you legally have a prescription, your attorney will present evidence of your right to possess the drugs in question.
You Didn’t Know You Had Drugs (or They Belonged to Someone Else)
The statute that controls drug possession in Ohio requires that you knowingly possess a drug to be charged with its possession. In other words, if you did not know the drugs were there, how can you possess them?
Of course, if the drugs are found in your pocket, the defense options are limited. However, if you share a storage space with two friends, the drugs found there could belong to one of them.
The Police Mishandled Evidence
The chain of evidence custody must be preserved in criminal cases. Your attorney will meticulously review the evidence practices used to gather and process the seized drugs. Any issues they find can lead to the evidence being excluded.