After being convicted of an Ohio drug possession offense, you may feel disheartened and overwhelmed by the prospect of future consequences. However, a conviction does not mean an end to the legal process. You have a few options in the form of post-conviction relief to challenge the case’s outcome or seek remedies to the conviction. Here are some options available if you have been convicted of drug possession in Ohio.
Appeal
If you have been convicted of drug possession in Ohio, you have the right to file an appeal. During this process, a higher court will review your case and determine whether errors occurred during the trial or whether someone violated your constitutional rights. For this process, you will need an experienced attorney to help with the appeal and navigate the complex procedural requirements of the case.
Throughout the appeal process, the appellate court will scrutinize the trial record to identify any mistakes that could have impacted the case outcome. These mistakes may include:
- The improper admission of evidence
- Errors in jury instructions
- Misconduct by the prosecution
If the appellate court finds a reversible error, they have the authority to overturn the conviction, order a new trial, or, in some cases, dismiss the charges entirely.
Sentence Modification
If you’re looking for a way to get relief after a conviction for drug possession, you can try to request a modification of your sentence. In Ohio, you have several options for doing this, including:
Judicial Release
If you’re serving time for a non-violent drug possession offense, you can request an early release through a process known as judicial release. You must meet specific eligibility requirements, such as completing a specified portion of your nonmandatory sentence and showing that you’ve been rehabilitated.
Sentence Reduction
In some situations, you have the option to pursue a sentence reduction. With this, your legal team will have to file a motion with the sentencing court and present compelling reasons why your original sentence should be reduced. Providing evidence of good conduct, completion of rehabilitation programs, and remorse could significantly strengthen your case for a sentence reduction.
Post-Conviction Petition
Individuals can challenge an Ohio drug possession conviction through post-conviction petitions for relief. These petitions can be persuasive in cases where a constitutional violation occurred during the trial or new evidence has come to light that could potentially exonerate the individual or impact the case outcome.
Successful post-conviction petitions often require a strong legal argument that shows ineffective assistance of counsel, newly discovered evidence, or a violation of constitutional rights, among other legal grounds. Once again, you want to work with an experienced attorney who can:
- Thoroughly investigate the case
- Develop a strong legal argument
- Present it effectively to the court
With the right legal representation, individuals can challenge their drug possession conviction and potentially obtain a favorable outcome.
Other Forms of Relief
For drug possession offenders in Ohio, various post-conviction relief options are available beyond appeals, sentence modifications, and post-conviction petitions.
One of these options is expungement, which can seal criminal records from public view and provide a fresh start by removing the stigma associated with a conviction. Eligibility criteria and waiting periods differ based on the offense and criminal history.
Another possibility is pardon or clemency, which the Ohio governor can grant in exceptional circumstances, such as a wrongful conviction or extraordinary rehabilitation efforts. Pardons provide forgiveness for the offense, while clemency may involve a reduction in the sentence or other relief. However, these two options are rare and only used in extreme cases of miscarriage of justice.
Seek Legal Help for Your Ohio Drug Possession Case
While there are options for post-conviction relief, you want to avoid taking your chances in these cases. Your main focus should be preventing conviction since these offenses can cause long-term issues. For that reason, you need an experienced and skilled criminal defense team on your side.
At Hunt Law LLC, we have successfully defended individuals charged with drug possession crimes in Ohio for over a decade. Contact us at 330-469-9836 to arrange a free consultation today.