Arrested for Drug Possession in Cleveland? What to Do Before You Speak to Police

A drug possession arrest in Cleveland can happen quickly and feel overwhelming. Whether you were stopped in your car, questioned at home, or searched unexpectedly, every word you say after an arrest can affect your case. Before you talk to police or investigators, it is critical to understand your rights and how to protect them. At Patrick M. Farrell Co. L.P.A., our Cleveland criminal defense lawyers represent clients facing drug charges in Cuyahoga County and throughout Northeast Ohio. We know how police and prosecutors build these cases and how to dismantle them.
What Drug Possession Means Under Ohio Law
Under Ohio Revised Code § 2925.11, drug possession occurs when a person knowingly obtains, possesses, or uses a controlled substance without a valid prescription. “Possession” does not always mean drugs were found directly on you. They can be in your car, your home, or even a shared space.
Ohio classifies drugs by schedule, based on potential for abuse and accepted medical use:
- Schedule I: Heroin, LSD, ecstasy
- Schedule II: Cocaine, methamphetamine, oxycodone
- Schedule III–V: Prescription medications such as Xanax, codeine, and anabolic steroids
Key takeaway: You can be charged even if the drugs were not yours or if someone else left them where they were found.
Penalties for Drug Possession in Ohio
The severity of a possession charge depends on the type and amount of the drug involved.
- Minor Misdemeanor (for example, small marijuana possession): Up to $150 fine
- First-Degree Misdemeanor: Up to 180 days in jail and $1,000 fine
- Fifth-Degree Felony: 6 to 12 months in prison and up to $2,500 fine
- Third-Degree Felony or Higher: Up to 5 years in prison and $10,000 or more in fines
Convictions may also result in:
- Driver’s license suspension for up to 5 years
- Probation or community control
- Mandatory drug treatment programs
- A permanent criminal record that affects employment, housing, and education
If the drugs were found in your vehicle, home, or near a school zone, penalties can increase significantly.
What To Do Right After a Drug Possession Arrest
The moments after your arrest can determine how strong or weak your defense will be.
1. Stay Calm and Stay Silent
Anything you say can be used against you. Do not answer police questions beyond providing your name and identification. Politely say, “I wish to remain silent and speak with my attorney.”
2. Do Not Consent to Searches
If officers ask to search your vehicle or home, say no unless they have a valid warrant. A consent search can make it much harder to challenge the evidence later.
3. Contact an Attorney Immediately
Before speaking to detectives or signing documents, contact Patrick M. Farrell Co. L.P.A. We act quickly to protect your rights and prevent police overreach during questioning or evidence collection.
4. Avoid Talking About the Case
Do not discuss your arrest with friends, family, or online. Prosecutors can use your statements or social media posts as evidence.
5. Attend Your Arraignment
Your first court appearance will typically be in Cleveland Municipal Court or Cuyahoga County Common Pleas Court, depending on the charge. This is where the formal charges are read, and you will enter a plea. Having a Cleveland criminal defense lawyer present from the start is vital to protect your best interests.
Common Police Tactics After a Drug Arrest
Police may act friendly or claim that cooperating will help your case. It is a common strategy. They might:
- Ask where you got the drugs or who else was involved
- Suggest that confessing will make things easier
- Say they just want to hear your side of the story
Do not fall for it. Law enforcement’s goal is to collect statements they can use as evidence. The best move is to remain silent until your attorney is present.
How Our Cleveland Drug Defense Lawyers Protect You
At Patrick M. Farrell Co. L.P.A., we do not just defend charges; we challenge every step of the state’s case. Our defense process includes:
1. Investigating Police Conduct
We determine whether your Fourth Amendment rights were violated through an illegal search, seizure, or traffic stop.
2. Examining the Evidence
We review lab reports, police records, and witness statements for inconsistencies or procedural errors.
3. Filing Motions to Suppress
If evidence was obtained unlawfully, we fight to have it excluded from trial. Without it, the prosecution’s case may collapse.
4. Negotiating for Dismissal or Reduction
Our attorneys work directly with prosecutors to pursue reduced charges or diversion programs for first-time offenders.
5. Taking Cases to Trial When Needed
If negotiation is not in your best interest, our trial team is prepared to fight in court.
Our firm defends clients across Lakewood, Parma, Elyria, Lorain, Strongsville, Medina, and Akron, providing experienced legal guidance at every stage.
Can You Avoid Jail for a First-Time Drug Offense?
Yes, many first-time, nonviolent offenders may qualify for Intervention in Lieu of Conviction (ILC) or other court-approved diversion programs in Cuyahoga County. These allow you to complete treatment or community service in exchange for dismissal of the charges upon successful completion.
Our Cleveland drug crimes lawyers often negotiate such outcomes to help clients protect their records and avoid incarceration.
If You’re Looking for a Drug Possession Lawyer Near Me
If you have been arrested for drug possession in Cleveland, Parma, Elyria, or anywhere in Northeast Ohio, our team at Patrick M. Farrell Co. L.P.A. is ready to step in immediately. We know the local court systems and how to push back against aggressive prosecutors. Do not try to explain your way out of charges without legal representation.
Protect Your Rights Before You Speak to Police
A drug arrest can feel overwhelming, but your actions in the first 24 hours matter most. Remaining silent, avoiding self-incrimination, and hiring an experienced Cleveland criminal defense lawyer can make all the difference in your case. At Patrick M. Farrell Co. L.P.A., we provide strategic defense for clients across Cuyahoga County and Northeast Ohio, including Medina, Brunswick, Barberton, and Mansfield. If you have been arrested in Cleveland, Lakewood, or anywhere in Northeast Ohio, do not wait. Call Patrick M. Farrell Co. L.P.A. at (216) 661-5050 or request a free consultation now. Our legal team will act immediately to protect your rights, your record, and your future.
Text or Call: (216) 661-5050 • Contact: Submit a Request • Email: cindy@patfarrelllaw.com

Why Choose Patrick M. Farrell Co. L.P.A.?
At Patrick M. Farrell Co. L.P.A., we prioritize your rights and freedom. Our experienced team is dedicated to providing you with personalized defense strategies that yield results.
