When police officers accuse you of drug trafficking, they claim that you have intentionally sold or distributed drugs to others. Prohibited drugs like heroin and controlled substances, like narcotic pain relievers, can lead to felony criminal charges in Ohio.
Most people accused of a drug offense will only face possession charges, but some people arrested in Ohio will face allegations of trafficking instead. What are some of the possible defense options for individuals accused of trafficking or selling drugs?
Challenge constructive possession claims
Unless police officers found you with drugs in your pockets, in a bag that you carried or otherwise on your person, they cannot accuse you of actual possession of those drugs. Instead, they will accuse you of constructive possession. They claim that because they found them in your apartment or your vehicle that you must have known about their presence and therefore had control over them.
When the police find a large amount of prohibited or controlled substances in your vehicle or on your property, challenging the claim that you knew those items were there could be a starting point for your defense.
Paint a different picture than the prosecution
Much of the evidence used for drug trafficking cases may be questionable. It may involve controlled buys made by a confidential informant, who is an unreliable witness at best, or it may just involve police officers observing your activity and your residence.
You may have a very good explanation for the company that you keep or the frequency with which people visit your home. Any evidence that is subjective is open to re-interpretation.
Poke holes in the evidence against you
You have a right to know what evidence the state has against you thanks to the discovery process, and you can then use that information to undermine how they have interpreted that evidence. In some cases, you may also want to consider bringing in your own digital specialist or forensic professional to testify.
Although the penalties involved in drug trafficking allegations can seem overwhelming, a strong defense can protect you from the worst penalties possible. Learning more about the case against you and defense options can help you better handle pending Ohio drug charges.