Few criminal offenses are charged as frequently as drug crimes. These cases tend to be complex and can result in serious repercussions for the accused, including crippling fines and lengthy jail and prison sentences. At Patituce & Associates, our proven legal team takes an aggressive approach to these cases and, with three former prosecutors at our firm, is able to provide knowledgeable, incisive steps towards securing a favorable outcome for our clients.
If you've been charged with a drug offense, time is of the essence. Call our firm at (419) 737-4556 to start exploring your options.
There are always a number of different considerations to examine with a new drug charge. The first is whether or not the accused is struggling with substance abuse and is possibly eligible for a diversion program. This is common for simple possession cases that often involve young people. In other, more sophisticated cases, it may be necessary to go to trial and submit an argument to a judge and jury.
No matter what the circumstances may be, our team:
Specifically, our firm has learned to be vigilant of probable cause and search and seizure violations in these cases. Every American citizen is protected by the Fourth Amendment and when law enforcement conducts unreasonable searches, any resulting items found in that search can be suppressed (and entire charges can be thrown out).
This, however, is just one common angle on approaching these cases. Our team has navigated more than 200 criminal trials from both sides of the courtroom. We know that each case is unique and requires unflagging vigilance and examination to properly assert the rights of our clients.
Ohio statutes provide numerous drug statutes to address various possession, distribution, manufacturing, and trafficking offenses. These laws are complex and their severity often depends on various factors, such as the type of substance involved and the volume of that substance.
We have experience handling cases involving the following statutes:
In order to help determine the severity of a drug charge, Ohio has created different controlled substance categories, or a drug schedule, to help classify these substances. This schedule organizes controlled substance by their perceived toxicity, origin, and their potential for user dependence.
Schedules I and II contain the most serious controlled substances:
Drug trafficking (2925.03) involves the importing/exporting, shipping, and/or delivery of controlled substances. Because it is assumed that the accused in these cases may be participating in a larger, illicit economy, drug trafficking is a serious charge. Often, we see drug possession and drug trafficking charged simultaneously against one individual.
Our firm has handled cases involving:
Both trafficking and aggravated trafficking can be charged under O.R.C. 2925.03. Aggravated trafficking, the more serious charge of the two, can be charged when Schedule I or II substances are involved. Penalties for these crimes can vary, but both are serious felonies that can result in lengthy prison time.
The same can be said for funding of drug or marijuana trafficking (O.R.C. 2925.05). In these cases, it is suspected that the accused provided money or property to someone else so that the recipient could then purchase or obtain a controlled substance for the purpose of drug cultivation, manufacture, or sale. This is considered a first-degree felony when Schedule I and II drugs are involved, a second-degree felony when lower scheduled drugs are involved, and a third-degree felony when marijuana is involved. A conviction in these trafficking cases can result in lengthy prison sentences, drivers' license suspension, notification of professional boards, and hefty fines.
As discussed above, each drug charge comes with its own unique considerations concerning the controlled substance involved, the volume of the controlled substance, and other variables. These factors will determine the seriousness of the charge and the possible penalties if a conviction is reached.
What can be anticipated, however, is the fact that these cases are taken seriously by both the state and federal governments and, in some cases, can result in mandatory prison time. Offenses involving even low quantities of heroin, cocaine, and meth, for example, can come with mandatory prison time-- even for first-time offenders.
That is why it is so critical to retain trusted, seasoned counsel in these matters. As former prosecutors, our team is well-versed in the nature of these cases on both the state and federal level and the measures that can be taken to protect our clients both in and outside the courtroom.
Take the first step toward safeguarding your future. Contact our firm to request a free, confidential phone consultation with our proven legal advocates today.