Facing drug charges can be one of the most overwhelming experiences in a person’s life. Whether you are currently involved in a drug-related case or simply seeking information, it is important to understand Ohio’s drug crime laws. If you find yourself in this situation, know that you are not alone. Many individuals face confusion, frustration, and fear when dealing with drug crime accusations. We understand what you’re going through and are here to guide you through this difficult time. At Sabol & Mallory Law Firm, we can help you get the best possible outcome for your case.
Dan Sabol
Dan is the first attorney in Ohio to be both board certified in criminal trial law by the National Board of Trial Advocacy and be designated as a Lawyer Scientist by the American Chemical Society.
Chase Mallory
Chase Mallory is a firm founder whom has tried over 40 cases and conducted more than 100 suppression hearings. He is a founding member of the DUI Defense Lawyers Association
Meet the lawyers who make up the legal team at Sabol Mallory LLC. Read their individual bios and get to know more about their education, experience and accolades.
Learn more about our teamWhat Is Considered a Drug Crime in Ohio?
Ohio law categorizes drug crimes into various offenses, including possession, trafficking, manufacturing, and distribution of controlled substances. These laws apply to both illegal drugs and prescription medications that are not properly prescribed. Drug crimes can range from a simple possession charge to a serious trafficking charge that carries significant penalties. No matter the type of charge, it is critical to understand the legal implications of each offense.
Possession is the most common drug crime charge. In Ohio, possessing illegal drugs such as marijuana, cocaine, heroin, or methamphetamine can result in severe consequences. Even possessing a small amount can lead to felony charges, depending on the drug in question. Additionally, being caught with prescription medications without a valid prescription can lead to a charge of illegal possession, which is treated as a criminal offense.
Trafficking in drugs is another serious crime under Ohio law. This charge applies if someone is accused of selling, distributing, or preparing drugs for distribution. Trafficking offenses carry more severe penalties than possession, with penalties increasing based on the amount of drugs involved, the type of drugs, and the location of the offense. The law also considers the proximity to schools or churches, which can lead to more serious charges.
Manufacturing drugs involves the production or creation of illegal drugs. This crime can apply to individuals found operating illegal drug labs or participating in the illegal production of controlled substances. Manufacturing is a felony offense, and a conviction often results in lengthy prison sentences.
Ohio Drug Crime Penalties
The penalties for drug crimes in Ohio vary depending on several factors, including the type of drug, the quantity involved, the circumstances of the offense, and your criminal history. Possession of drugs can result in either a misdemeanor or felony charge, depending on the circumstances. For instance, possessing small amounts of marijuana may result in a misdemeanor charge, while possession of larger quantities or more dangerous drugs can result in felony charges.
Trafficking offenses are often classified as felonies and can lead to long prison sentences and heavy fines. Sentences for drug trafficking can range from several years to decades in prison, especially if the offense involves a large amount of drugs or a history of prior drug offenses. Additionally, manufacturing or cultivating drugs is often treated as a felony, with sentences that can include years of imprisonment.
Ohio also has a law called “drug possession enhancement,” which can increase the penalties if certain factors apply. These factors can include being found in possession of drugs near a school or park, or having a history of prior drug offenses. The state also has mandatory minimum sentences for certain drug crimes, meaning that a judge may be required to impose a minimum prison term for certain offenses.
Defenses Against Drug Crime Charges
Being accused of a drug crime doesn’t necessarily mean you will be convicted. There are several potential defenses to drug crime charges, and a strong defense can sometimes lead to a case being dismissed or reduced. A skilled attorney can help you identify the best defense strategy based on the specifics of your case.
One common defense to drug possession charges is challenging the legality of the search and seizure that led to the discovery of the drugs. In Ohio, law enforcement officers are required to have a valid search warrant or probable cause to conduct a search. If the search was conducted unlawfully, the evidence obtained may be inadmissible in court.
Another possible defense is arguing that you did not knowingly possess the drugs. For instance, if the drugs were found in a shared space or in someone else’s property, it may be possible to argue that you had no knowledge of their presence.
For trafficking or manufacturing charges, a possible defense could involve challenging the intent to sell or distribute drugs. If the prosecution cannot prove that you had the intent to traffic or manufacture drugs, you may be able to reduce the charges or have them dropped.
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What to Do If You Are Arrested for a Drug Crime
If you are arrested for a drug crime in Ohio, it’s essential to stay calm and act wisely. The actions you take immediately after an arrest can significantly affect the outcome of your case. First and foremost, you have the right to remain silent. Anything you say to the police can be used against you in court, so it’s best to avoid making any statements without an attorney present.
You also have the right to an attorney. Request legal representation immediately after your arrest. Having an experienced criminal defense attorney by your side can make a world of difference in the outcome of your case. Your attorney will work to protect your rights, evaluate the evidence against you, and build a solid defense strategy.
Once you have legal counsel, your attorney will guide you through the court process, explain your options, and help you make informed decisions about how to proceed. Your attorney may negotiate with the prosecution to reduce the charges or pursue a plea deal that results in a more favorable outcome. If necessary, they will also represent you at trial.
How a Lawyer Can Help with Your Drug Crime Case
An experienced lawyer is crucial when facing drug crime charges in Ohio. Your attorney will review the details of your case, investigate the circumstances of your arrest, and challenge any unlawful actions taken by law enforcement. They can also gather evidence to support your defense, such as witness statements or expert testimony.
A skilled criminal defense lawyer will also be familiar with Ohio’s drug crime laws and the legal procedures involved in your case. They can help you understand the potential outcomes and guide you in making the best decisions to protect your future. Whether you are facing a misdemeanor or felony charge, a lawyer can work toward achieving a favorable result on your behalf.
Why Choose Us
If you are facing drug crime charges in Ohio, you need a lawyer who understands the intricacies of Ohio’s drug laws and is committed to achieving the best result for you. At Sabol & Mallory Law Firm, we are here to help you navigate through this difficult time. We understand how confusing and stressful facing drug charges can be, and we are ready to fight for your rights.
Our team is dedicated to providing compassionate and effective legal representation. With years of experience in handling drug crime cases, we have the knowledge and skills to build a strong defense strategy for you. We are here to guide you through every step of the process, from the initial consultation to the final resolution of your case.
If you or someone you know is facing drug crime charges in Ohio, don’t hesitate to reach out to us. Contact Sabol & Mallory Law Firm today to discuss your case and learn how we can help you get the best possible outcome.
To learn more about this subject click here: Preparing for Court: How to Strengthen Your Drug Crime Defense in Ohio