Ohio has some of the toughest drug laws in the country. If you’re caught with drugs or suspected of selling them, you can face some serious criminal charges. The state will aggressively pursue the harshest penalties and won’t waste any time in building a criminal case against you. The best thing you can do is turn to an experienced Dayton drug crime defense attorney for help.
Here at Suhre & Associates, LLC, we have been helping our friends and neighbors in Montgomery County defend themselves against their criminal charges for years. Our experienced criminal defense lawyers are well-versed in all state and federal drug laws. We are always ready to use that knowledge on behalf of our clients.
Do not hesitate to contact our Dayton, Ohio law office today to schedule a free, no-obligation case assessment with our team. The sooner you reach out to us for help, the sooner we can get started on fighting to protect your future.
Why You Should Hire an Experienced Criminal Defense Lawyer
If you have been charged with drug possession, trafficking, or any other related offenses, it is imperative that you contact a skilled criminal defense lawyer as soon as possible. Here’s why:
We Have In-Depth Knowledge of the Judicial System
Having spent years in the industry, your criminal defense attorney will be intimately familiar with just about every aspect of the justice system. They will be able to help you understand what you should expect at every stage of your case – from your initial arrest to your bail hearing and beyond. They may even be able to use their knowledge of the law to find a strategy that can reduce or eliminate the charges against you.
Unparalleled Access to Legal Resources
Criminal law attorneys have access to books, websites, and databases which are not readily available to the general public. Your attorney may be able to find legal precedents or other useful information using these resources.
Relationships with Prosecutors
While working in the same field over a period of years, defense attorneys and prosecutors often form close relationships. Such positive relationships can be hugely beneficial when trying to negotiate reductions in charges or affordable bail amounts on your behalf.
Providing You With Actionable Advice
If a prosecutor were to offer you a plea bargain, you would probably have no idea whether you should take it or not. Your attorney, however, will likely have dealt with dozens of criminal cases just like yours in the past and will be able to use that experience to advise you on whether or not you should accept the deal.
Fighting to Protect Your Rights
Unless you spent years in law school, you may not be fully aware of all the rights that you hold during your case. Your attorney will know exactly what the police can and cannot do during the course of their investigation. If they begin to step outside the lines, your lawyer can step in and ensure that your rights are not being infringed upon.
Here to Offer You Emotional Support, Too
The attorney-client relationship extends far beyond the four corners of your case. As well as providing you with sound legal advice, your attorney will also be there for you to speak about your concerns or frustrations with. This can be a huge help when you are locked up in a police cell with nobody else to talk to.
We Handle All Drug Crime Matters in Dayton
The most commonly charged drug crimes in the state of Ohio include:
Possession of a Controlled Substance
According to section 2925.11 of the Ohio Revised Code, a person can be charged with the possession of a controlled substance if they wittingly obtain, own, or use any controlled substances. Punishments for this crime generally depend on the type of drug and whether the accused was carrying small amounts or large amounts of the substance at the time of their arrest.
Possession of Drug Paraphernalia
Section 2925.12 of the Ohio Revised Code states that any person who manufactures, purchases, owns, or uses an object which is intended to administer a controlled substance can be charged with the possession of drug paraphernalia. Offending instruments generally include syringes and cutting devices. Punishments depend on several different factors, but usually fall into first-degree or second-degree misdemeanor territory.
Per section 2925.04 of the Ohio Revised Code, drug manufacturing charges can be levied at any individual who is involved in the production of controlled substances. Even a small role in the production process is enough to warrant a charge. This crime is generally punishable as a first-, second-, or third-degree felony.
Section 2925.03 of the Ohio Revised Code explains that any person why sells, ships, distributes, transports, or delivers a controlled substance can be charged with drug trafficking. The punishment for drug trafficking can range from a fifth-degree felony to a first-degree felony, depending on the type and quantity of the drug in question.
Does Proximity to Minors and School Property Impact Ohio Drug Charges?
Though all drug crimes in Ohio are taken extremely seriously by law enforcement, special attention is given to offenses which take place near minors or school property. As a result, crimes which occur around children are punished more severely than crimes which take place among adults.
A drug manufacturing charge which would otherwise have resulted in a third-degree felony could easily get bumped up to a second- or first-degree felony if any minors were present at the time of the arrest.
Can I Get Intervention in Lieu of Conviction?
Section 2951.041 of the Ohio Revised Code allows individuals who have been arrested on drug charges to seek Intervention in Lieu of Conviction. This program can lead to charges being dismissed and court-ordered drug treatment being mandated instead.
To qualify for Intervention in Lieu of Conviction, defendants must meet certain criteria:
- The defendant must not have been convicted of a violent felony offense in the past.
- The defendant must not have been through the Intervention in Lieu of Conviction program in the past.
- The defendant must be charged with a misdemeanor or a felony which would ordinarily lead to a community control sanction.
- The defendant must not be charged with a first-, second-, or third-degree felony.
- The defendant must not be charged with any offense which would disqualify them from operating a commercial motor vehicle.
- The defendant’s drug usage, alcohol usage, mental health, or intellectual disability was a factor in their arrest.
- The defendant’s victim is not older than 65, younger than 13, disabled, or an officer of the peace.
- The defendant must be willing to follow all the terms of their court-ordered treatment program.
To seek Intervention in Lieu of Conviction, defendants must submit a written application, undergo a medical assessment, and attend a hearing on their eligibility for the program. The process can be quite complicated for an individual to handle alone, so it is generally advisable to hire a lawyer to provide help and guidance.
How Does Ohio Classify Drugs?
Since punishments for drug crimes in the state of Ohio are tied to the schedule of the controlled substance in question, you should be aware of how the Ohio Revised Code classifies some common drugs. The classifications are Schedule V, Schedule IV, Schedule III, Schedule II, and Schedule I.
Schedule V: Schedule V drugs are generally regarded as having a low potential for abuse. In some instances, drugs in this category may even have medical uses. Examples of Schedule V drugs include:
- Parepectolin, and
Schedule IV: Schedule IV drugs have a slightly higher potential for abuse than Schedule V drugs, but they are still generally regarded as being quite low-risk. A list of Schedule IV drugs would include:
- Xanax, and
Schedule III: Schedule III controlled substances are defined as having a low to moderate potential for abuse or dependency. Schedule III drugs include, but are not limited to:
- Ketamine, and
- Anabolic steroids.
Schedule II: Drugs which are classified as Schedule II controlled substances have a high potential for abuse or dependency, but also may have some limited medical uses. Examples of Schedule II drugs include:
- Methadone, and
Schedule I: Schedule I drugs have a high potential for abuse or dependency and have no currently accepted medical uses. A list of Schedule I controlled substances would include:
- Marijuana, and
As a general rule, drug crimes which involve Schedule I substances receive the most severe punishments. Crimes involving Schedule V or Schedule IV drugs tend to have more lenient penalties.
Need Help? Call Our Dayton Drug Crime Defense Attorneys
As one of Montgomery County’s premier law firms, Suhre & Associates, LLC is proud to have helped countless local residents with everything from sex crimes lawsuits to domestic violence defenses. Whenever you need our assistance, we will be there for you too. Just give us a call or contact us online to set up an initial consultation with one of our knowledgeable and experienced drug crime defense attorneys.