Being arrested and charged with a drug crime can be overwhelmingly scary. Whether you have previously been through the criminal justice system or are simply anxious to put this experience behind you, you do not need to resign yourself to pleading guilty. You have the right to defend yourself against the criminal charges you are facing.
A reputable drug crime lawyer in Dublin from Koffel | Brininger | Nesbitt may be able to help you dodge the harsh consequences that come with a conviction.
With over 30 years of criminal defense experience and 300 5-star reviews, you can rest easier knowing our firm is crafting the strongest defense strategy possible.
Whether you are charged with drug trafficking, possession, manufacturing, or another drug crime, our Dublin criminal defense lawyers may be able to help you obtain a favorable outcome when you contact our law office to request a confidential consultation.
Our Drug Crime Lawyers in Dublin, OH, Can Safeguard Your Future
With so many potential criminal defense law firms to choose from, it can be difficult to know whether you are going with the right legal representative.
When you choose a respected drug crime lawyer in Dublin from Koffel | Brininger | Nesbitt, you can expect dedication, transparency, and regular communication. Our firm has been widely recognized for our commitment to our clients, including award recognition by:
- AV® PreeminentTM Peer Review Rated
- Best Law Firms by U.S. News
- Best Lawyers in America
- Ohio Super Lawyers®
- Top 10 Criminal Defense Attorneys in Ohio
Our firm’s drug crime attorneys in Dublin have exceptional trial experience that could help you clear your name of the allegations against you.
If we can convince the prosecutor to offer you a plea bargain, reduce your charges, or dismiss the case, you may be able to reduce the amount of time you spend behind bars.
Find out more about how you can challenge the drug crime charges against you when you contact our legal team to discuss the specific circumstances of your case.
For a legal consultation with a drug crimes lawyer serving Dublin, call (614) 884-1100
Potential Consequences of Drug Crimes in Dublin
Being charged with a drug offense in Ohio can carry deep legal ramifications. What you have to deal with depends on the type of drug involved, the amount, your criminal history, and whether there is evidence of distribution or trafficking.
Under Ohio law, penalties vary from minor misdemeanors to serious felonies with significant prison time and fines. Possible consequences may include:
- Less severe misdemeanor charges: You can be charged with more minor drug crimes, such as possession of certain controlled substances under specific thresholds or simple marijuana possession. For these offenses, you could face jail time up to 180 days and fines.
- Felony drug possession: Possession of Schedule I, II, or other controlled substances in larger amounts may be charged as a felony, which can carry prison terms from months to several years and substantial fines.
- Aggravated possession: Possessing larger quantities of Schedule I or II drugs can result in aggravated possession charges, often with higher felony classifications and mandatory prison terms.
- More severe penalties for trafficking or distributing: If you have been accused of intending to traffic drugs or of having over a certain amount in your possession, you can face elevated fines and longer prison sentences.
- Criminal record and collateral consequences: A conviction can lead to a permanent criminal record, which may affect employment, housing, education opportunities, and driver’s license status.
Dublin Drug Crimes Lawyer Near Me (614) 884-1100
Ohio Controlled Substances Act
Ohio Revised Code Chapter 3719, also known as the Ohio Controlled Substances Act, categorizes controlled substances into various groups known as “Schedules.”
There are five different Schedules of controlled substances, which may determine whether you are charged with a misdemeanor or felony drug crime.
Here is a basic rundown of the various Schedules of controlled substances and drugs that may be included:
- Schedule I: These are controlled substances that have no accepted medical use and a high risk of dependency or abuse. Some examples of Schedule I controlled substances include LSD and heroin.
- Schedule II: These are controlled substances that have some medical use, though limited, and a high risk of dependence or abuse. Certain prescription narcotic pain medications, such as oxycodone and cocaine, are classified as Schedule II controlled substances.
- Schedule III: These are controlled substances that have accepted medical use but still have a potential risk of dependence or abuse. Ketamine is one example of a Schedule III controlled substance.
- Schedule IV: These are controlled substances that are used regularly in the medical community and have a moderate to low risk of dependence or abuse. Ambien and Xanax are examples of Schedule IV controlled substances.
- Schedule V: These are controlled substances that are regularly used in the medical industry but still have a low risk of dependence or abuse. Many over-the-counter prescription medications and cold medicines are considered Schedule V drugs.
The type of drug involved in your case will determine how serious the charges against you might be. For example, if you are in possession of a Schedule III controlled substance, you might be facing misdemeanor charges.
However, if you are accused of trafficking high amounts of a Schedule I controlled substance, you could be looking at more serious felony charges or even drug charges at the federal level.
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How Drug Type and Quantity Influence Criminal Charges
Ohio classifies controlled substances into five Schedules under Ohio Revised Code Chapter 3719, with Schedule I drugs carrying the most severe penalties.
Possession of small amounts of marijuana, for example, may result in a minor misdemeanor, while heroin, cocaine, and fentanyl-related offenses often lead to felony charges. The more dangerous the drug and the larger the quantity, the harsher the consequences.
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Intent to Distribute vs. Personal Use
Prosecutors often look for evidence that suggests you intended to sell drugs rather than use them personally. If you were caught with small amounts of a substance, you may face a possession charge.
However, if you had large quantities, packaging materials, or cash, law enforcement may push for a trafficking or distribution charge.
How Prior Convictions Impact Sentencing
Your criminal history significantly affects the penalties you may face for a drug conviction. If this is your first offense, you may be eligible for pretrial diversion or probation, which could allow you to avoid jail time.
However, if you have prior drug convictions, the court may impose enhanced penalties, including longer sentences and higher fines.
Defense Strategies for Drug Crimes in Dublin
The prosecution must prove every element of the charge against you beyond a reasonable doubt. A strong defense by our attorneys can challenge their case against you and potentially lead to a dismissal, reduced charges, or a lighter sentence.
The best defense strategy depends on the details of your case, including how evidence was collected and whether your rights were violated.
Challenging Illegal Searches and Seizures
Law enforcement must follow strict procedures when conducting searches and seizures. If police searched your home, vehicle, or belongings without a warrant or probable cause, any evidence they obtained may be thrown out in court.
Violations of your Fourth Amendment rights can lead to case dismissals or significantly weakened charges. Officers sometimes use illegal tactics, such as coercing consent for a search or planting evidence.
If there is no valid search warrant or the search was conducted without proper legal justification, a motion to suppress evidence can be filed. This could result in the dismissal of your charges.
Questioning the Validity of Drug Possession Charges
Proving possession is not always straightforward. The prosecution needs to be able to demonstrate that you had actual or constructive possession of the drugs, meaning you either had them on your person or had control over their location.
If the drugs were found in a shared home or vehicle, prosecutors may struggle to prove that they were yours. Your defense lawyer will work to prove a counter-narrative, such as that:
- The drugs belonged to someone else.
- You had no knowledge of their presence.
- The evidence linking you to them is weak.
Weak possession cases often lead to dropped charges or plea deals with significantly reduced penalties.
Fighting Entrapment and Law Enforcement Misconduct
Entrapment occurs when law enforcement convinces someone to commit a crime they would not have committed otherwise.
You will usually see entrapment happen in undercover drug stings. Officers will sometimes pressure or coerce individuals into making illegal transactions. If entrapment can be proven, the charges may be dismissed.
Pretrial Diversion Programs for Drug Offenses in Ohio
If you have been charged with a drug crime, a pretrial diversion program may offer a way to avoid a criminal record and jail time.
When defendants are allowed to participate in these programs, they can get their charges dismissed in exchange for completing certain conditions. For instance, sometimes they are asked to complete community service or undergo treatment.
Understanding whether you qualify and what is required is critical to successfully completing the program and protecting your future.
Who Qualifies for Pretrial Diversion?
Pretrial diversion is typically available to first-time, non-violent drug offenders who meet certain criteria.
The goal of these programs is to reduce the number of low-level drug convictions and provide an opportunity for rehabilitation instead of incarceration, as outlined under Ohio Revised Code § 2935.36.
If you qualify, you may be able to avoid a conviction that could negatively impact your job, education, and housing opportunities. Contact our drug crime lawyers in Dublin to learn more.
Requirements for Completing a Diversion Program
If you are accepted into a pretrial diversion program, you must follow strict conditions set by the court. Failing to meet these requirements could result in your criminal charges being reinstated. Common requirements include:
- Attending drug treatment or rehabilitation programs.
- Completing community service.
- Avoiding further legal trouble.
If you successfully complete the program, your charges may be dropped, and you will not have a conviction on your record. However, missing required meetings, failing drug tests, or violating program terms can lead to the reinstatement of your charges and potential jail time.
Alternatives to Incarceration for Drug Crimes in Ohio
If you have been charged with a drug crime, jail time is not your only option. Ohio offers several alternatives to incarceration that focus on treatment, rehabilitation, and supervision.
Depending on your charges and criminal history, you may qualify for programs that help you avoid prison while addressing the underlying issues related to drug offenses.
Drug Court Programs and Rehabilitation
Ohio’s drug court programs provide treatment-focused alternatives for non-violent offenders struggling with substance abuse. Instead of serving a jail sentence, participants undergo structured rehabilitation programs designed to address addiction and criminal behavior.
Successful completion of the program can lead to reduced charges or even case dismissal, but you must comply with strict court-ordered conditions, including:
- Mandatory drug and alcohol testing to ensure compliance with sobriety requirements.
- Regular court appearances to monitor progress and evaluate treatment success.
- Participation in counseling and therapy to address addiction and reduce the risk of reoffending.
Probation and Conditional Release
If you are convicted of a drug crime, probation may allow you to serve your sentence outside of jail under court supervision. This option is often available for first-time offenders or low-level drug charges.
While on probation, you must comply with specific rules, including regular check-ins with a probation officer to track your progress and mandatory drug testing and treatment programs to ensure you maintain your sobriety.
Dublin Drug Crime FAQ
When Do Federal Drug Charges Apply?
State-level drug crime charges could be increased to the federal level if you are found with a considerable amount of controlled substances on your person or accused of transporting controlled substances across state lines.
Federal drug convictions often carry harsher penalties, so an experienced criminal defender is essential. Learn more by speaking with a drug crime lawyer in Dublin.
Should I Give a Statement to Investigators?
No. Never give a statement to investigators without speaking with your legal counsel first. Protect your Fourth, Fifth, and Sixth Amendment rights against self-incrimination by exercising your right to remain silent until your drug crime attorney is present.
Can I Get My Drug Crime Conviction Expunged?
It depends on which type of drug crime you were convicted of. Many drug offenses in Ohio are eligible for expungement under Ohio Revised Code § 2953.32. High-level offenses, such as large-scale drug trafficking, may not qualify. Your Dublin drug crime attorney can guide you through eligibility.
Partner With Our Dublin Drug Crime Attorneys to Get a Powerful Defense Strategy
Your defense strategy should be personalized to introduce reasonable doubt and secure an acquittal. If the district attorney is convinced to dismiss your case or proceed with lesser charges, trial may be avoided entirely.
Drug crime charges can be serious, but with the representation of a skilled drug crime lawyer in Dublin from Koffel | Brininger | Nesbitt, you have a chance to clear your name.
Fill out our contact form or call our office to schedule a confidential consultation, then visit our FAQ page to learn more.
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