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, and you do not have to face them alone.
A reputable Dublin drug crime lawyer 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 your strategically aggressive Dublin criminal defense lawyer with our firm is crafting the strongest defense strategy possible.
Whether you are charged with drug trafficking, possession, manufacturing, or another drug crime, our team may be able to help you obtain a favorable outcome when you contact our law office to request a confidential consultation.
Koffel | Brininger | Nesbitt Could 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 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 attorney in Dublin has 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 free legal consultation with a drug crimes lawyer serving Dublin, call 614-884-1100
Ohio Controlled Substances Act
The Ohio Controlled Substances Act under Ohio Revised Code Chapter 3719 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.
Dublin Drug Crimes Lawyer Near Me 614-884-1100
Factors That Affect Drug Charges in Dublin
If you have been charged with a drug-related offense, several factors will determine the severity of your charges and potential penalties. The type of drug, the amount found in your possession, and whether you were suspected of selling or distributing the substance all play a role. Understanding these factors is key to preparing a strong defense and minimizing the impact on your future.
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.
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.
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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 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, we may be able to file a motion to suppress evidence. This could result in the dismissal of your charges.
Questioning the Validity of Drug Possession Charges
Proving possession is not always straightforward. The prosecution must establish 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.
Our Dublin drug crime attorneys could argue that the drugs belonged to someone else, that you had no knowledge of their presence, or that 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. This is common in undercover drug stings, where officers pressure or coerce individuals into making illegal transactions. If entrapment can be proven, the charges may be dismissed.
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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.
These programs allow eligible defendants to complete specific conditions, such as treatment or community service, in exchange for having their charges dismissed. 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.
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 be prepared to 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?
Your 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. It is also possible that federal drug charges could apply if you are accused of transporting controlled substances across state lines.
Federal drug convictions often carry harsher penalties, so make sure you have an experienced criminal defender handling your case.
Should I Give a Statement to Investigators?
No. Never give a statement to investigators without speaking with your legal counsel first. Protect your Fourth Amendment, Fifth Amendment, and Sixth Amendment rights against self-incrimination by exercising your right to remain silent and not answer any questions investigators might have without your drug crime advocate present.
Can I Get My Drug Crime Conviction Expunged?
It depends on which type of drug crime you were convicted of. Many drug offenses across Ohio are eligible for expungement under Ohio Revised Code § 2953.32.
However, some of the more high-level drug crimes, such as large-scale drug trafficking, may be ineligible for expungement. This is something your Dublin drug crime attorney can help you understand better.
Clear Your Name with a Powerful Defense Strategy from Your Dublin Drug Crime Attorney
Your defense strategy should not be standardized because every case is different. You need a personalized defense that introduces reasonable doubt so you can secure an acquittal. If we can convince the district attorney to dismiss your case or proceed with lesser charges, we may be able to avoid trial altogether.
Drug crime charges may 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 of all charges. Let us help you protect your rights and future. We are in the Top 1% Best Lawyers in America.
Fill out our contact form or call our office when you are ready to schedule your confidential and 100% free consultation.
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