Have you recently been arrested for possession of drug paraphernalia – like a bong or measuring scale – in Dayton, OH?
If so, you need to take immediate steps to make it as difficult as possible for the prosecution to prove your guilt, convict you, and put you behind bars.
Your first move should be to enlist the help of an experienced Dayton drug paraphernalia lawyer.
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How Our Dayton Criminal Defense Lawyers Can Help with Your Drug Paraphernalia Case
Don’t underestimate the seriousness of a drug-related criminal charge. Having a drug conviction on your record can make your life incredibly difficult for years to come. The best course of action is to defend yourself aggressively from the start.
With an experienced Dayton criminal defense attorney on your side, you can significantly increase the likelihood of getting the charges reduced or walking away with your future intact.
When the people of Dayton need a skilled lawyer to help them fight back against a criminal charge, they know that they can always count on Suhre & Associates, LLC. Over the years, our legal team has defended countless local clients against serious criminal drug offenses – securing countless positive results along the way.
If you hire our firm to represent you during your drug paraphernalia case, we will:
- Fight to secure your release from police custody
- Ensure that the prosecutor does not violate your civil rights
- Answer any questions you might have about the judicial process
- Launch an independent investigation into your arrest
- Provide you with sound legal advice and guidance as needed
- Look for evidence that might convince a jury to acquit you
- Help you understand your possible legal options
- Put together a customized defense strategy for your case
- Work out a plea bargain deal with the state prosecutor
- Argue on your behalf in court, if necessary
It’s important to begin your defense as soon as you can. Call Suhre & Associates, LLC in Dayton, Ohio to learn more about how we can help you fight back. Your first consultation with our Dayton drug crime lawyers is free.
Understanding Ohio’s Drug Paraphernalia Statute
Ohio’s criminal drug paraphernalia law can be found in Section 2925.14 of the Ohio Revised Code (ORC). It explains that it is unlawful for a person to possess, sell, or advertise any items, products, or materials that they can use to perform the following actions on a controlled substance:
- Inject, or
In deciding whether or not an object is drug paraphernalia, courts in Ohio typically consider:
- Statements by the owner of the item concerning its use
- The proximity of the object to a controlled substance
- The existence of drug residue on the equipment
- Evidence of the intent of the owner of the item
- Any instructions provided with the object concerning its use
- Descriptive material accompanying the equipment depicting its use
- Local or national advertising concerning the use of the item
- The manner in which retailers display the object for sale
- The legitimate functions of the equipment
- Expert testimony concerning the use of the item
A short sampling of some of the items and materials that courts in Ohio commonly classify as drug paraphernalia would include:
- Measuring scales
- Water pipes
- Plastic baggies
- Smoking masks
- Diluting equipment
- Mixing devices
- Separation devices
- Drug testing equipment
When Dayton police officers catch someone violating this law, they may charge them with the illegal use or possession of drug paraphernalia.
The state of Ohio typically classifies this type of drug offense as a fourth-degree misdemeanor. However, under certain circumstances, prosecutors may choose to upgrade it to a misdemeanor of the first, second, or third degree.
Were you recently arrested for a violation of Ohio’s drug paraphernalia law in Huber Heights or elsewhere in the Dayton region? If so, please contact the attorneys at Suhre & Associates, LLC, as soon as possible. We may be able to use our industry experience to help you get your case dismissed.
Consequences of Drug Paraphernalia Convictions in Ohio
Courts in the state of Ohio tend to take drug offenses quite seriously. As a result, when they convict a Dayton resident of a paraphernalia crime, they almost always send them to jail or hand them a hefty fine.
The exact terms of their punishment depend on the classification of their offense:
- Misdemeanors of the Fourth Degree: Up to 30 days in county jail and a fine of as much as $250
- Misdemeanors of the Third Degree: Up to 60 days in county jail and a fine of as much as $500
- Misdemeanors of the Second Degree: Up to 90 days in county jail and a fine of as much as $750
- Misdemeanors of the First Degree: Up to 180 days in county jail and a fine of as much as $1,000
People who have never had any issues with the law in the past tend to receive much more lenient sentences than individuals with prior convictions.
Of course, when the state of Ohio convicts Dayton residents of these types of crimes, it also hands them a permanent criminal record. This record can cause them to endure a range of collateral consequences, such as:
- Trouble Finding a Job: Some businesses in the Dayton area have policies that prevent them from hiring convicted criminals.
- Professional Licensing Issues: People with criminal records tend to find it difficult to renew their professional licenses.
- Loss of Privacy: The friends, family, and colleagues of convicted criminals in Ohio can look up their records online at any time.
- Trouble Finding Housing: It is not at all unusual for landlords and property managers in Dayton to refuse to rent homes to people with criminal records.
- Harsher Future Penalties: If convicted criminals get in trouble with the law again in the future, they are likely to receive a much more severe sentence.
Typically, convicted criminals must live with these consequences for the rest of their lives – unless they can successfully petition the court to seal their record. This process can take anywhere from a few months to many years.
Do you need an experienced lawyer in Dayton to defend you against your Ohio drug paraphernalia charge? Then please pick up the phone and call our law firm at your earliest convenience. We would love to arrange a free consultation to learn more about your case and take the first steps on the road to forming a strong attorney-client relationship.
Defenses Against Ohio Drug Paraphernalia Charges
When they get arrested on suspicion of committing a drug paraphernalia offense, Dayton residents often feel despondent – and frequently believe that they will inevitably end up behind bars.
In reality, however, things are rarely quite so bleak. With the assistance of an effective defense strategy, many arrestees can get their criminal cases dismissed and avoid jail entirely.
Some of the most commonly used defenses in cases of this nature include:
Somebody Else’s Property
The most straightforward way an arrestee can beat a drug paraphernalia charge in the state of Ohio is to prove that the illegal item is not theirs. If an attorney can present evidence to the court that proves that the object in question belongs to another party, they should be able to get the case dismissed.
Lack of Evidence
To convict someone of a criminal offense in the state of Ohio, prosecutors must prove their guilt beyond a reasonable doubt. When criminal defense lawyers argue that the prosecutor has not brought forth enough evidence to meet this burden, they can often convince the jury to acquit their client.
It is, unfortunately, not unheard of for police officers to plant evidence on suspects in an effort to land an arrest. If a lawyer can prove that an event of this nature happened to their client, they can usually get their charges dismissed quite quickly.
Legitimate Use of Item
Carrying syringes and measuring scales in the state of Ohio is only illegal if the offender intends to use them to inject or produce drugs. As such, if an attorney can show that their client had these products for a legitimate reason, they should be able to get their case dismissed.
Constitutional Rights Violations
The Fourth Amendment to the Constitution of the United States protects every Dayton resident from unreasonable searches. So, if a defense team can prove that the police found their client’s drug paraphernalia during an illegal search, they should have little trouble getting their charges thrown out of court.
Would you like to have one of our seasoned attorneys devise a defense to your drug charges? Then please get in touch with us today to schedule an initial consultation at our Dayton law offices. We have years of experience in the legal field, and we would be happy to provide you with the help you require.
A Dayton Drug Paraphernalia Defense Lawyer You Defense Can Rely On
When you need a skilled lawyer to defend you against a drug possession or paraphernalia charge, there is only one place you need to turn – Suhre & Associates, LLC. Our Dayton drug paraphernalia defense lawyers have the industry experience and legal knowledge required to handle even the most complex cases. To arrange a free initial consultation with a member of our team, all you need to do is pick up the phone and give us a call.