Cincinnati, Ohio’s law carries severe consequences for drug possession; however, there are various defense stances that can help a defendant when facing this type of charge. These include:
- The drugs were not yours
- The police conducted an unlawful search and seizure
- The drugs were planted
- A valid prescription for medical marijuana
- A challenge to the crime lab’s analysis of the drugs
- Entrapment – when officials induce a defendant into committing a crime the defendant would not have otherwise committed
If you have been charged with drug possession found during a traffic stop, one defense is to argue that the search and seizure were unconstitutional.
Under the Fourth Amendment of the United States Constitution, individuals are protected from unlawful searches and seizures. A routine traffic stop does not give a police officer permission to search through all facets of a car. There must be probable cause or other suspicious evidence to allow an officer to conduct such a search. A knowledgeable criminal defense lawyer knows to carefully examine whether police had lawful reasons to execute the search and seizure of a vehicle in a traffic stop. A defense team may be able to have evidence excluded from court if the search is deemed unlawful.
Another drug possession defense is entrapment. A defendant is considered entrapped when he/she is persuaded by law enforcement or any government agent to commit a crime that he/she had no previous intent to commit. Police officers can legally conduct sting operations in order to catch a person in the act of a crime. However, entrapment usually occurs when authorities provide the drugs and the defendant feels pressured to sell them to another party.
At Paul Dickman, we believe that every person has a right to an aggressive defense. The drug charge is a serious crime under Ohio law. A strategic, experienced lawyer is the key to your defense. Contact us today for a free consultation.