Drug Possession Crimes
Being charged with possession of a controlled substance in Ohio can be frightening no matter what type of substance it is. If this is your first exposure to the criminal justice system you are likely nervous about what will happen when you go before the judge.
You might feel as if you have already been judged or you may be worried about your chance at a fair trial. By retaining a qualified and experienced attorney you can rest assured that your interests will be looked after.
There may be a perfectly good explanation as to why you were caught with drugs, such as the drugs were not yours. And it is possible that you made a mistake, have a substance abuse problem, or have simply been going through a difficult time in your life. Whatever the case, we are here to help. We want to hear about your case from you.
Ohio/Federal Drug Classifications (Schedules)
The Federal government classifies drugs by “schedule”. This classification system is used to determine the seriousness of your offense and the potential sentence you may be facing. Ohio adopted these schedules and made slight adjustments under state law.
Schedule I drugs include those that are the most dangerous and have a high risk of addiction or dependency and no legitimate medical use. Drugs included under this heading include LSD, marijuana, heroin, GHB, and ecstasy.
Schedule II substances still have a high risk of abuse but may have legitimate medical uses. These include things like opium, cocaine, methadone, methamphetamines, and amphetamines.
Schedule III drugs are slightly less dangerous than Schedule II substances, but still have a moderate risk of abuse. Schedule III substances include hydrocodone, codeine, anabolic steroids, testosterone, ketamine, and some depressants.
Schedule IV drugs have a slight risk of dependency and have very acceptable medical uses. Some Schedule IV drugs are clonazepam, some tranquilizers, and sedatives.
Schedule V substances have a very low risk of dependency and include things like over the counter medication with Codeine.
How you are charged depends mostly on a) what controlled substance is involved and, b) the amount you had in your possession. However, Ohio drug laws are extremely complex and you should always consult with an attorney about the specifics of your situation.
Ref: ORC2925.11
Bulk Amounts
Each controlled substance is categorized under Ohio law as having a “bulk amount”. Each drug has a different bulk amount that dictates the charge and potential sentence that goes with each violation.
For instance, the bulk amount of cocaine is different than the bulk amount of a Schedule II opiate derivative which is different than the bulk amount of Schedule III opiate derivative. Because of all of the complex categories, it is nearly impossible to present a simple summary or chart showing you what type of sentence you may be facing.
Ref: ORC 2925.01
Ohio Drug Possession Defense Strategies
Drug possession charges can be challenged and beaten in court with a variety of legal strategies, including motions to suppress on grounds of illegal search, and a host of other options depending on the facts of your particular case.
We can also argue for reduction of charges, and work out deals for minimal penalties for lesser amounts of drugs. If you have a relatively clean criminal history you may be eligible to serve your sentence while on probation or even get pre-trial diversion for your offense.
This means that Ohio can be lenient on first offense controlled substance charges. We can argue that as a minor drug offender, it makes sense to get treatment and rehabilitation instead of sentences of jail. Many courts are agreeable to that argument in less serious cases.
Call today to let us know about the charges you are facing. Once we know the circumstances and specifics regarding your drug charges, we can give you a very good indication of what we can do to beat the case, and the type of sentence you may be facing or if you may be eligible for any alternatives to incarceration.
Drug Trafficking
When an Ohio drug charge goes beyond a simple possession, you absolutely must have a top drug defense lawyer to defend you from the tremendous legal consequences and potential for significant jail time if convicted. If this is a first offense drug charge, and you’ve never faced a felony offense likedrug trafficking, you may be completely unaware of the ways of the Ohio criminal courts. This uncertain time can be extraordinarily difficult and stressful. It is at this time that you need a serious, tough, and experienced defense lawyer working for you, and only for you.
Drug laws in Ohio are very complex and quite confusing. From the multiple ways of categorizing controlled substances, to the method of measurements used, it seems as if all laws related to controlled substances are written with attorneys in mind. Here’s where we can help you sort through the problem, and examine your best options.
Perhaps you have been wrongly accused of a serious drug crime or maybe you admit your guilt but are unsure of how to move forward and still get a somewhat positive outcome in court.
We have handled many serious drug cases in the Ohio court system. We know the harsh sentences and extensive prison times you may be facing and we know how they affect you. Call us to discuss the specifics of your case today and we can help explain your options in a way that you will appreciate. You’ll learn what you are realistically facing, and what your options are in challenging the prosecution.
But act quickly, since many of the best defense strategies work only in the early stages of a case. Their may be limits on the time available to suppress evidence against you, file discovery motions to determine exactly what the state has to work with in a drug trafficking prosecution, and determine the best ways to combat their case against you.
What is Drug Trafficking Under Ohio Drug Laws?
Drug trafficking is an offense that encompasses a wide variety of controlled substance violations including, selling, intent to sell, distributing, manufacturing, cultivating,and more.
The law says drug trafficking includes:
- Selling or offering to sell a controlled substance, or
- Preparing a controlled substance for shipment, delivery, transport, or distribution.
- The charges that you face when suspected of drug trafficking can range from a misdemeanor in cases involving small amounts of marijuana, to a 1st degree felony in cases of aggravated trafficking involving a large amount of a Schedule I substance or having taken place on school grounds.
The penalty ranges are significant, and vary wildly depending on the specific controlled substance, the amount, circumstances, prior offenses, and more. Please contact us for details, and we’ll be able to go over specifics as they apply to your case.
Ref: ORC 2925.03
Drug Classifications of Controlled Substances
The Federal government classifies drugs by “schedule”. This classification system is used to determine the seriousness of your offense and the potential sentence you may be facing. Ohio adopted these schedules and made slight adjustments under state law.
Schedule I drugs include those that are the most dangerous and have a high risk of addiction or dependency and no legitimate medical use. Drugs included under this heading include LSD, marijuana, heroin, GHB, and ecstasy.
Schedule II substances still have a high risk of abuse but may have legitimate medical uses. These include things like opium, cocaine, methadone, methamphetamines, and amphetamines.
Schedule III drugs are slightly less dangerous than Schedule II substances, but still have a moderate risk of abuse. Schedule III substances include hydrocodone, codeine, anabolic steroids, testosterone, ketamine, and some depressants.
Schedule IV drugs have a slight risk of dependency and have very acceptable medical uses. Some Schedule IV drugs are clonazepam, some tranquilizers, and sedatives.
Schedule V substances have a very low risk of dependency and include things like over the counter medication with Codeine.
Ref: ORC2925.11
There is a chance, depending on the specifics of your offense that you could be facing federal prosecution as well.
Ohio drug laws are extremely complex and you should always consult with an attorney about the specifics of your situation.
When facing trafficking or serious drug charges in Ohio, you must not hesitate to contact an experienced attorney about your case. We want to hear from you. Once we know the specifics of your case we can discuss what options may be available to you and let you know the reality of the charges you are facing.