September 7, 2022
5 Ways Drug Charges Get Dismissed in Ohio
Written by Erb Legal LLC
No matter what led to your arrest, if you are facing drug charges in Ohio, getting them dismissed is probably the most desirable outcome. Getting drug charges dismissed removes you from any potential penalty and saves you considerable time and expense compared to a trial.
Drug charges can be dismissed for many reasons, but prosecutors or police aren’t quick to admit their mistakes. Here are some things to look for and the most common reasons drug charges are dismissed.
Common Reasons for Drug Charge Dismissal
Depending on the details of your drug case, you may be facing harsh penalties if you’re convicted. Having the charges dismissed may be your best bet to avoid high fines, jail time, and other consequences of a guilty verdict.
Here are five common ways drug charges are dismissed.
1. Lack of Probable Cause
Fourth Amendment violations often result in drug charges being dismissed. Police must have probable cause to make an arrest or conduct a search — this is more than just a feeling of suspicion and requires objective circumstances pointing to your involvement in a crime. If the police didn’t have probable cause to search or arrest you, the charges against you could be dismissed.
2. Unlawful Searches
One of the most frequent reasons drug charges are dismissed is when the police conduct an illegal search. The police only have the right to search you, your vehicle, or your home under certain circumstances, such as if you gave permission or if they obtained a warrant.
Police must have a reasonable belief you committed a crime, and it is illegal to conduct discriminatory searches based on race, gender, or religion. Any evidence obtained during an unlawful search may be inadmissible in court and result in charges being dismissed.
3. Failure to Prove Actual Possession
If you were arrested for drug possession, the prosecution must prove that the drugs belonged to you. If the drugs were found where more than one person had access (such as in a shared car or apartment), it could be difficult to prove the drugs were yours. Similarly, if you didn’t know you were in possession of the drugs when they were found, the prosecution’s case may not be strong enough and result in dismissal.
4. Police Entrapment
Entrapment occurs when police officers coerce or threaten someone into committing a crime they otherwise would not commit. If police use overbearing tactics to induce you into buying or selling drugs, the charges could be dismissed.
Entrapment is a challenging affirmative defense to employ successfully since it means admitting to the allegations of the crime but maintaining you wouldn’t have done so otherwise. Your attorney will look closely at the details of your arrest to determine if entrapment is a viable defense option.
5. Lack of Evidence
Drug charges may be dismissed if the prosecution’s evidence isn’t strong enough or new evidence is found to support your case. Your attorney may be able to intervene early to argue against filing formal charges in the first place due to insufficient evidence.
If charges are filed regardless of weak evidence, your attorney can move to have them dismissed.
Facing Drug Charges? Erb Legal Can Help
Since every case is different, there could be a few ways to have drug charges dismissed. Time could make the difference in your case — that’s why it’s crucial for a lawyer to get started as early as possible.
With the help of an experienced drug crime lawyer at Erb Legal, you can give your case the best chance of dismissal by challenging any legal violations and protecting your rights.
If you or a loved one are charged with a drug crime, call 330-446-3606 or reach out online for a free consult.