Drug-Related Offenses
Drug-Related Offenses
Judges throughout Ohio consider all drug offenses as serious crimes. The penalties they impose can include long prison sentences, stiff fines/court costs, or in-patient treatment, in addition to a mandatory loss of driving privileges and some professional licenses. If you are a student, a conviction could cause you to lose financial aid. If you are looking for a job, a conviction can mean it will be very difficult to find employment. If you have been convicted of previous felonies, you could be facing life in prison. That reality is why it is so important to contact an experienced, trusted, criminal attorney as soon as you are charged with a drug crime or contacted by law enforcement about any possible charges.
What are some of the Drug-Related Crimes that I can be charged with?
- Drug Possession
- Drug Trafficking
- Drug Distribution
- Drug Possession with intent to sell
- Possession of drug paraphernalia
- Sale of illegal or prescription drugs
- Drug manufacturing or cultivation of drugs
- Illegal conveyance to a correctional institution
What are the different penalties for marijuana possession in Ohio?
For quantities under 100 grams, you will be charged with a minor misdemeanor and will face no jail time and up to a $150.00 fine.
For quantities between 100 and 200 grams, you will be charged with a misdemeanor of the 5th degree and will face not more than 30 days in jail and/or a fine of $250.00.
For quantities between 201 and 999 grams, you will be charged with a felony of the 4th degree and will face up to 30 days in jail and/or a fine of $2,500.00.
For quantities between 1000 and 19,999 grams, you will be charged with a felony of the 3rd degree and will face between 1-5 years in prison and
For quantities over 20,000 grams, you will be charged with a felony of the 2nd degree and will face up to 8 years in prison and/or a fine of $7,500.00 to $15,000.00.
Also, a driver’s license suspension of between 6 months and 5 years is mandatory for any drug conviction in Ohio.
What are the penalties for sale or distribution of marijuana in Ohio?
For a gift of 20 grams or less, you will be charged with a minor misdemeanor, will face no jail time and up to a $100.00 fine.
For a sale of less than 200 grams, you will be charged with some degree of a felony, depending on the circumstances, and will face 6-18 months in prison and a substantial fine.
For a sale of between 200 and 600 grams, you will be charged with some degree of a felony, depending on the circumstances, and will face 1-5 years in prison and a substantial fine.
For a sale over 600 grams, you will be charged with some higher degree of a felony, depending on the circumstances, you will receive a Mandatory Minimum Sentence of at least 6 months, and will face 1 to more than 5 years in prison, plus a substantial fine.
Sales to minors, sales that occur within 1000 feet of a school, sales within 100 feet of juvenile and previous felony drug convictions will all increase your prison sentence and fines.
Also, a driver’s license suspension of between 6 months and 5 years is mandatory for any drug conviction in Ohio.
Are the penalties for cocaine, crack or heroin possession or trafficking the same as for marijuana?
No. You will receive substantially harsher sentences and fines for possessing or selling most drugs other than marijuana. In addition, a judge can impose a much more severe penalty if you are found with crack versus cocaine, even if the two substances are of the same amount.
What should I do if I am contacted by the DEA, police, or some local task force and they want me to come in for questioning?
We strongly advise that you do not answer any questions, make any statements or provide any information to any members of law enforcement until you contact an experienced criminal defense attorney.
Once I retain your firm, what happens in my case?
Once you have retained our firm, we will file a Notice of Appearance with the Court that lets the Judge and the Prosecutor know that we are going to be your attorney for that particular case. From that moment forward, the Court will coordinate and schedule all activity on your case through our office.
As soon as possible, we will obtain a copy of all the evidence that the State has against you. Those records are called “discovery” and include photographs, victim or witness statements, police reports, lab results, etc. We will typically obtain discovery at the first Pre-trial, but occasionally we can obtain it sooner.
After we have obtained discovery, we will analyze your case and determine the best legal strategy for your particular case. If the police used improper undercover methods to entrap you, we’ll fight it. Were you properly given Miranda warnings? If you were illegally interrogated before you retained us and we can fight that, we will. We will closely examine the tactics police used to obtain any misunderstood confession, and we’ll fight that if possible. When a forensic expert, use of a polygraph (lie detector test), or private investigator can help uncover the truth, those are options we will not hesitate to use. Finally, if a plea bargain is the best option for your situation, we will work to obtain the best deal possible from the Prosecutor.
If a plea bargain is the best option, we will schedule a plea hearing with the Court. At the hearing, the Court will order that a pre-sentence investigation (PSI) be conducted by the Probation Department. You will be ordered to meet with a Probation Officer and discuss your upbringing, educational and employment history, criminal background, and your past drug and alcohol use. The Probation Officer will then use your answers, in conjunction with a more formal background check, to determine if you are a candidate for community control (probation), in- or out-patient drug treatment, or if prison is a more appropriate outcome. The Probation Officer’s recommendation will appear in the PSI that will be forwarded to the Court. The Judge will typically adopt the recommendation made in the PSI, but not always.
If a trial is the best option for your particular case, we will then decide whether to try your case to a jury or to the Judge without a jury. Rest assured, we will use our trial experience and knowledge of the law to prepare the most aggressive defense possible.
I still have questions, what should I do?
Being charged with a drug offense may be the most significant event in your life. Do not trust such a major event to just any law firm. Trust an experienced, proven law firm that has been protecting people charged with crimes for over 65 years. Contact Holzfaster, Cecil, McKnight & Mues. Call our office today at (937) 293-2141 or email us by using our form below. In the event that you need to talk with a criminal defense lawyer after office hours, call our emergency phone number of (937) 760-4357 which is answered 24 hours a day.
