Legal Question in Criminal Law in Ohio

first offense cocain possesion

I am an alcoholic that suffers from blackouts. One evening I got trashed and the next morning was fund in possesion of cocain. Is there anyway to plead unwitting possesion if I truly don't remeber being in possesion of the cocain? Would it matter any that this is my first offense? Can you tell me what type of sentence I should be looking at? Thank you.

Asked on 9/20/03, 12:30 am

1 Answer from Attorneys

Daniel Chaplin Daniel S. Chaplin

Re: first offense cocain possesion

1st. Voluntary intoxication is never a defense to anything in Ohio. The reason is that just because you don't remember the decisions you made while blacked out you were still making rational decisions. If you were rational you were sane. You just have a poor memory of the events because of the alcoholic blackout.

2. Sentence depends on the amount of cocaine, it's form, crack or powder, your past criminal record (everything counts) the county in which you are being tried and what the Judge had for breakfast on the day you are sentenced.

Generally speaking less than one gram of cocaine on a first offense is some probation a fine maybe some local time and alcohol and drug treatment.

You can improve your chances by completeing a drug treatment program before you go to Court

Good Luck

Dan Chaplin

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Answered on 9/21/03, 8:46 am

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