In many ways, Centerville is the consummate Midwestern suburban town. It is the one-time home of talk show host Phil Donahue and homespun humorist Erma Bombeck. Local law enforcement agencies work hard to maintain that image. So, they are tough on crimes like domestic violence, which spoil this image. Drug crimes fall into that category as well, especially those involving opioids.
At the Comunale Law Office, we are concerned about our community, as well. Specifically, we care about the people who live and work here. So, we provide aggressive representation in Ohio drug crime matters. Our professional team gets to work quickly for you. In our experience, hard work produces results that exceed our clients’ expectations.
Both federal and Ohio laws divide controlled substances into different schedules. Extremely dangerous drugs with no medicinal value, like cocaine, are usually Schedule I drugs. On the other end of the scale, somewhat dangerous drugs with some medicinal value, such as prescription painkillers, are usually Schedule V drugs. The scheduling usually affects both the penalty and the prosecutor’s attitude toward the case.
The type of infraction also affects penalties and attitudes. There are basically three different types of drug crimes in Ohio:
Possession of marijuana is usually a misdemeanor, but almost all other drug offenses are felonies. That includes simple possession. Manufacturing and trafficking offenses could mean long prison terms, especially if an enhancement like selling drugs too close to a school, applies.
Most drug crimes in Ohio have both procedural and substantive defenses.
Procedurally, almost all drug crimes involve either search warrants or a search warrant exception. Search warrants must be based on probable cause. This element is often suspect because many search warrants rely heavily on paid informants.
If officers do not have warrants, their actions must fall under a narrow search warrant exception. For example, the owner can consent to a property or vehicle search, and officers can seize drugs or other contraband which they see in plain view.
In terms of substantive defenses, prosecutors must establish the nature of the substance. Synthetic marijuana is not always illegal. Additionally, police misconduct cases are not unheard of. For example, Florida officers recently charged a man with heroin possession. That “heroin” turned out to be laundry detergent.
Attorneys can often use defense like these to obtain a complete dismissal of charges, a not-guilty verdict at trial, or a favorable pretrial settlement.
Drug crimes are among the most serious offenses in Ohio, but many defenses are available. For a free consultation with an experienced Centerville drug offense lawyer, contact the Comunale Law Office. We routinely handle matters in Montgomery County and nearby jurisdictions.
Our personal injury lawyers at Comunale Law Office have litigated for their clients that have suffered from injuries from vehicle accidents, hazardous products, medical malpractice and dangerous job conditions successfully gaining compensation for any losses.