Being arrested for a drug offense may make you feel like your life is over. You may be resigned to plead guilty, hoping to get a reduced sentence, but drug crimes come with severe penalties that can affect you for the rest of your life. You shouldn’t give up without a fight!
A highly experienced Columbus drug crime lawyer with Koffel | Brininger | Nesbitt defends a wide array of drug crimes in Ohio. Some of the most common offenses your Columbus criminal defense lawyer at our firm handles include drug trafficking, manufacturing and cultivation, possession of drugs and drug paraphernalia, and much more.
We have 30+ years of trial experience, focus on controlled substance cases, and have successfully defended against marijuana cultivation, drug possession, and other related charges. Contact our office to request a confidential consultation today. When you do, we can discuss the severity of your pending charges and what to expect from your drug defense.
Reasons to Choose Our Drug Crime Defense Lawyer in Columbus, OH
If you are facing any drug offense in Ohio, you want to be confident that your Columbus drug crime attorney is the right choice for your case. That is why Koffel | Brininger | Nesbitt maintains transparency and offers our extensive resources to our clients. Our firm’s success in Ohio drug crime defense and other criminal cases has earned recognition in:
- Best Lawyers in America
- OhioSuper Lawyers®
- Best Law Firms by U.S. News
- Top 10 Criminal Defense Attorneys in Ohio
This means that our firm has proven itself extremely capable and successful in defending cases in court. This is of utmost importance, especially if your case goes to trial. Courtroom talent is vitally important in drug cases, as well as other criminal charges.
For a free legal consultation with a drug crimes lawyer serving Columbus, call 614-884-1100
How We Helped Two Clients Avoid Felony Drug Charges
Recently, we helped a business owner avoid a one-year prison term for “illegal conveyance of a controlled substance into a prison facility,” a third-degree felony with up to five years in prison if convicted. In this particular case, the Ohio State Patrol had DNA and handwriting evidence tying our client to the crime. After Attorney Tod Brininger presented mitigation to the Court, the judge sentenced our client to two years of community control and fines and ordered him to serve only seven days in the local jail.
In another case, our client was arrested for DUI / OVI and aggravated possession of drugs, a fifth-degree felony. After negotiations, Licking County Municipal Court dismissed the DUI / OVI case, and our client was placed into ILC (Treatment in Lieu of Conviction) for a period of two years. After the successful completion of ILC, the court will dismiss his felony case.
No matter what type of drug crime you have been accused of, it’s important to hire an experienced and knowledgeable drug crime lawyer. A drug crime defense attorney in Columbus could help you understand the charges against you, as well as the potential consequences if convicted.
At Koffel | Brininger | Nesbitt, we can review your case and develop a tailored defense strategy that considers the specific facts and circumstances surrounding the alleged offense.
Types of Evidence Seen in Drug Crime Cases
Your criminal defense team will need to conduct an intensive investigation to collect valuable supporting evidence that can be used to introduce reasonable doubt in the minds of the judge and jury.
Remember, the prosecutor is required to prove guilt beyond a reasonable doubt as described under Ohio Revised Code Section 2901.05 for the jury to return a guilty verdict. Some examples of evidence that can be used to help clear your name of the drug crime charges against you include:
- Blood samples
- Demonstrative evidence
- DNA
- Digital forensics
- Documentary evidence
- Fingerprints
- Firearms evidence, such as gunshot residue
- Forensic evidence
- Hearsay
- Latent fingerprints
- Medicinal components
- Physical evidence
- Security footage
- Testimony evidence
- Tire track or footwear evidence
- Tool and equipment evidence
- Trace evidence
- Weapons
- Witness testimony
How to Clear Your Name of the Drug Charges Against You
Your Columbus drug crime attorney will carefully evaluate the drug charges against you to determine which defenses apply to your case. In some instances, we may be able to avoid trial by getting you enrolled in a pretrial drug diversion treatment program as described under Ohio Revised Code Section 2935.36. However, the prosecutor must agree and be willing to reduce or dismiss the drug charges against you upon completion of the program.
There are specific requirements that must be met before you can successfully complete a pretrial diversion program. For example, you may be ordered to complete a drug or alcohol treatment program, take DUI classes, pay restitution to any alleged victims in your case, remain drug and alcohol-free, and face other stipulations. If you fail to uphold the requirements of your pretrial diversion program, the prosecutor will simply proceed with the initial drug charges against you.
Not every individual facing drug charges will qualify for alternative options. We need to consider whether your constitutional rights have been violated, there was a lack of probable cause, or law enforcement conducted unlawful stops or searches and seizures. Have our legal team examine the evidence in your case to craft the most powerful defense possible under the law.
Columbus Drug Crimes Lawyer Near Me 614-884-1100
Classification of Controlled Substances in Ohio
The state of Ohio classifies drugs into different categories (schedules) according to their potential for dependence and accepted medical use, with Schedule I being the highest and Schedule V the lowest. Drugs that fall into the higher categories carry the heaviest fines and jail. We have broken down each classification so that you can better understand how your case may be treated in court.
- Schedule I: Drugs that have the highest potential for abuse/dependence and no accepted medical use, including drugs like heroin, LSD, and marijuana. (Medical marijuana was only recently exempted from this class.)
- Schedule II: Drugs that have a high potential for abuse/dependence and limited medical use, such as cocaine and some prescription pain medication.
- Schedule III: Drugs with moderate potential for abuse/dependence and accepted medical use, such as ketamine.
- Schedule IV: Drugs that have a moderate to low potential for abuse/dependence and accepted medical use, such as Xanax and Ambien.
- Schedule V: Drugs with a low potential for abuse/dependence that are commonly used for medical purposes, such as cold medicine and other over-the-counter drugs.
The extent of your penalties will be based on the classification of the controlled substances in your case. The consequences of a conviction will also depend on the type of drug and how much you are accused of possessing. You can rely on your drug crime attorney in Columbus to ensure you understand the possible risks of a guilty verdict as we get started on your defense strategy.
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Possible Penalties That Come With a Drug Crime Conviction
The penalties that will come with your drug crime conviction will vary depending on several factors. The type of drug crime you are accused of committing, the Schedule of the controlled substance, and the number of drugs involved will all play a part in determining whether you are charged with drug possession under Ohio Revised Code Section 2925.11 or face far more serious charges for drug manufacturing or trafficking.
You could also face enhanced penalties or have misdemeanor charges increased to the felony level if your arrest occurred in a drug-free zone, such as a public park or within 100 feet of a school. The consequences of a misdemeanor drug charge will be far less severe than felony drug convictions. For example, if you are accused of being in possession of less than 100 grams of marijuana, you would face minor misdemeanor charges, according to the Ohio Sentencing Commission’s Drug Offense Quick Reference Guide, punishable by a $150 fine.
However, if you are accused of possessing over 50 grams of heroin, you could face first-degree felony charges. If convicted, you could spend up to 11 years in prison and be ordered to pay fines as high as $20,000. The greater the amount of controlled substances in your possession and the higher the schedule of controlled substances, the greater your penalties will be if you are convicted.
License Suspension
Depending on the circumstances of your drug charges, your driver’s license may also be at risk for suspension or revocation. If you are accused of driving under the influence of drugs, under Ohio Revised Code Section 4511.19, the Ohio Department of Motor Vehicles will suspend your driver’s license. However, with help from a drug defense lawyer, you may be able to get your driving privileges temporarily restored if we can get you approved for a temporary license.
Generally, driving under the influence of drugs is considered a first-degree misdemeanor if this is your first offense. There is a mandatory minimum three-day prison sentence that comes with a conviction, but you could spend up to six months in an Ohio state prison if you are found guilty.
Your driver’s license could be suspended for up to three years, and you could be ordered to install an ignition interlock device (IID) and be ordered to pay fines up to $1,075.
Probation Restrictions
You may also be placed on probation if you are convicted of a drug crime. This is not an alternative sentence but rather an additional sentence imposed to ensure you are monitored after you have completed your criminal penalties. There are specific requirements you will need to fulfill while on probation, such as:
- Abiding by a curfew
- Completing random drug and alcohol screenings
- Meeting with your probation officer regularly
- Finding employment
- Securing housing
- Staying away from people who have convictions on their record
- Abstaining from drug or alcohol use
- Attending mental health counseling or group therapy
- Paying court fines and restitution
- Completing community service hours
- Completing a drug or alcohol treatment program
These are only a few examples of restrictions that may apply while you are on probation. In some cases, you could spend up to five years after completing your sentence on probation. However, with good behavior, the court system may be willing to let you off of probation sooner, so you can finally start to put your drug crime conviction behind you.
The Impact of Collateral Consequences
Collateral consequences do not start to affect your life until after you have completed the terms of your sentence. Many people convicted of drug crimes will not spend the rest of their lives behind bars. Instead, you will be released and expected to reintegrate into society.
Upon your release, you can expect to continue to be impacted by the fallout of your conviction. With a drug crime conviction on your criminal record, you are more likely to be passed over for all opportunities. This is true whether you are applying for housing, employment, or other opportunities.
However, you need not worry about missed job opportunities alone. Your child custody or visitation rights could be taken away, your right to own or possess firearms could be lost, and your professional license could even be suspended or revoked. Additionally, if you are a foreign national, you could be at risk of deportation.
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Let Our Columbus Drug Crime Defense Lawyer Fight for You Today
When you have been arrested and are facing serious penalties, our team will take the time to explain how the law applies to your situation and provide advice on possible outcomes or legal options available to you.
Additionally, Koffel | Brininger | Nesbitt can negotiate with prosecutors for lesser sentences or reduced charges. In some cases, we may even be able to get evidence excluded from the court, which can result in a dismissal of charges or an acquittal.
The DEA publishes information on the most commonly abused and misused drugs in America in its Drugs of Abuse, a valuable resource. Hiring a reputable drug crime lawyer in Columbus is essential for anyone facing criminal charges. We will do everything possible to defend your rights and help you seek justice in the face of a difficult legal situation when you contact our office by phone or through our quick contact form to schedule your confidential consultation.
Call or text 614-884-1100 or complete a Free Case Evaluation form