Will I Go To Jail For Drug Possession If The Drugs Weren’t Mine?

Drug possession charges are among the most serious offenses you can face, carrying significant penalties including potential jail time, hefty fines and a permanent criminal record. What makes these cases particularly challenging is that you can be arrested and charged even when the drugs don’t belong to you. At The VanNoy Firm, we understand the complexities of these cases and have successfully defended numerous clients facing drug possession charges in Ohio.

Can You Be Arrested for Drugs That Aren’t Yours?

Yes, you absolutely can be arrested for drug possession even when the substances don’t belong to you. Law enforcement officers hear the phrase “the drugs aren’t mine” frequently during arrests, which often makes them skeptical of such claims. However, being arrested doesn’t mean you’ll be convicted.

Understanding the legal definitions of possession is crucial to your defense. Ohio law recognizes that possession doesn’t always mean the drugs are physically on your person. The prosecution can pursue charges based on various theories of possession, each with different requirements for proving guilt beyond a reasonable doubt.

Your arrest may occur in situations where:

• Drugs are found in a shared vehicle
• Substances are discovered in a residence where multiple people live
• You’re present when drugs are found during a search
• You have an association with someone who possesses illegal substances

What Does the Prosecution Need to Prove?

The burden of proof rests entirely on the prosecution’s shoulders. To secure a conviction for drug possession, they must prove beyond a reasonable doubt that you had “knowing possession” of the controlled substance. This means they need to establish two key elements:

Knowledge: You were aware of the presence of the drugs. The prosecution must demonstrate that you actually knew the drugs were within your proximity.

Control: You had the ability to exercise dominion over the substances. This doesn’t require physical contact but rather the power to direct what happens to the drugs.

These requirements create opportunities for defense strategies, particularly when you genuinely had no knowledge of the drugs or lacked control over the location where they were found.

What Are the Different Types of Drug Possession?

Ohio recognizes three distinct types of possession, each presenting different challenges for both prosecution and defense:

Actual Possession
This occurs when drugs are found directly on your person: in your pockets, purse or any item you’re carrying. While this might seem like the strongest case for prosecutors, defense opportunities still exist if you can demonstrate a lack of knowledge about the substances.

Constructive Possession
This involves situations where drugs are found in locations you control, such as:

• Your vehicle’s glove compartment or trunk
• Your bedroom or personal living space
• Areas of shared property under your exclusive control

Constructive possession cases often rely heavily on circumstantial evidence, making them more complex to prosecute successfully.

Joint Possession
This applies when multiple people allegedly share control over the same drugs. Common scenarios include:

• Drugs found in shared vehicles
• Substances discovered in common areas of shared residences
• Situations where several individuals are present during a drug bust

What Incriminating Circumstances Can Affect Your Case?

Prosecutors often point to various circumstantial evidence to strengthen their cases. Understanding these factors helps in developing effective defense strategies:

Common incriminating circumstances include:

• Presence of drug paraphernalia near the substances
• Large quantities suggesting intent to distribute
• Previous drug-related convictions on your record
• Attempts to flee when law enforcement arrives
• Inconsistent statements made during questioning
• Large amounts of cash found alongside drugs
• Text messages or phone calls suggesting drug activity
• Positive results on drug tests
• Association with known drug dealers

Additional factors prosecutors may emphasize:

• Your behavior during the arrest or search
• Ownership or control of the location where drugs were found
• Fingerprints on drug packaging or containers
• Witness testimony about your involvement

While these circumstances can complicate your case, they don’t guarantee a conviction. An experienced attorney can challenge the relevance and reliability of such evidence.

What Defenses Can You Use?

Several defense strategies can be effective in cases where drugs weren’t actually yours:

Lack of Knowledge
This defense argues that you had no awareness of the drugs’ presence. Success depends on demonstrating that any reasonable person in your position wouldn’t have known about the substances. Factors supporting this defense include:

• Brief presence in the location
• Lack of access to areas where drugs were found
• Credible explanation for your presence
• No suspicious behavior indicating awareness

Lack of Control
Even if you knew about the drugs, you may not have had the ability to control them. This defense is particularly relevant in:

• Situations involving borrowed vehicles
• Shared living spaces with limited personal control
• Public or semi-public locations
• Areas controlled by other individuals

Illegal Search and Seizure
If law enforcement violated your Fourth Amendment rights, any evidence obtained might be suppressed. Common violations include:

• Searches without proper warrants
• Exceeding the scope of authorized searches
• Lack of probable cause or reasonable suspicion
• Failure to follow proper search procedures

Protect Your Rights with Experienced Legal Representation

Drug possession charges require immediate attention from skilled legal professionals who understand Ohio’s complex criminal laws. At The VanNoy Firm, we take a confident approach to criminal defense. Our team includes full-time investigative and court services professionals who work tirelessly to build strong defenses for our clients. We understand that being charged with drug possession when the substances weren’t yours feels particularly unjust, and we’re committed to fighting for your rights. Contact us now for a consultation where you can discuss your situation with our attorneys.