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Drug Possession Related Questions

Have you been charged with drug possession and wonder if you need to hire a lawyer? Can drug possession charges be sealed? If you have been charged with drug possession, it is important to know your options. Verified legal Experts can assist you and get you on the right path.

Read below where verified legal Experts have answered these questions and more.

Does the Statute of Limitations apply to drug possession charges, and how can the penalties be minimized?

Once a charge is filed the Statute of Limitations no longer applies. Due diligence is required in executing the warrant, but that is a question of fact for the court to determine and it is not as clear cut as the statute of limitations on the charge. As far as minimizing the penalty, if individual does not have a criminal record than the judge will most likely offer probation. A lawyer should be hired to negotiate the charges and include a plea bargain on the original charge.

In Ohio, can a case of aggravated theft and attempted drug possession be sealed?

Based upon Ohio Revised Code §2953.31- §2953.61, the eligibility for sealing of records is as follows:

"Only eligible offenders may apply to have records of their convictions sealed. An eligible offender of a felony may apply to seal the record of the felony three years after the offender’s discharge. An eligible offender of a misdemeanor may apply to seal the record of the misdemeanor one year after the offender’s discharge."

If arrested for drug possession during a search and seizure, what are the privacy rights until the charges go to trial?

In general, an individual’s constitutional rights against unlawful searches and seizures are still intact, regardless of the fact that an individual has pending charges, unless there are any bail conditions that permit warrantless searches as part of an individual’s pretrial release. Therefore, police are generally not permitted to search a person’s car or tap a person’s phone without a warrant or other extraordinary circumstances. There is no privacy or other constitutional right against someone following another on a public road.

If someone was given a drug possession, but was not read his or her Miranda Rights, what can be done?

Case Details: Was stopped for an improper turn, but then charged with drug possession (less than 1 gram of marijuana), and was never given Miranda Rights.

First of all, possession is a crime. Assuming there was a valid reason for the police to stop the individual (improper turn), and the marijuana was a subsequent to that, even if the individual did not say a word, the mere possession of marijuana will be enough to convict. The failure to advise of Miranda rights would not make the arrest or charges invalid, but would only effect any statements or confessions that may have been made.

Should someone report a roommate for drug possession when the roommate is home or away from the home?

Since the police will go to the home to investigate, it would be best to report when the individual is in the home. This can also insure that the individual and the drugs are there when the police arrive. The homeowner may also serve as a witness to bolster any possession charges filed, and it should not expose the homeowner to any liabilities.

How can an individual write a character letter to a judge for someone who has been convicted of drug possession?

The following is a guideline:  It is about half way down the page. This was formatted by a lawyer that worked for the person who posted it

If a driver was pulled over and had drugs on him, should the passenger hire an attorney?

Case Details: Individual was a passenger in the vehicle. The driver had marijuana on him, the car was searched, and 3 more ounces were found. Individual has a clean record.

It would be wise to consult with an attorney. To charge an individual with possession of drugs, it is not necessary that the drugs be physically on the person’s body. Someone can be charged, and even convicted of drug possession, if he or she is found to be in "constructive" possession, which essentially means the drugs were in his or her custody and control, though not necessarily physically on their person. Since the amount recovered is in excess of an ounce, the individual may be facing a felony possession charge (possession with intent to distribute).

If you have been charged with drug possession, and need to know answers regarding your legal rights and best options, it is critical to know where to go for the information you need. Even an initial consultation with an attorney can be quite expensive, and your next best options may be to consult with an online legal Expert. Experts are available, day or night, to answer questions regarding your specific needs.

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