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Drug Offenses

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DRUG POSSESSION  SUMMARY:

Drug Possession occurs when a person illegally possesses or uses a “controlled substance”.

DRUG POSSESSION  IN OHIO:

Drug Possession (“Possession of Controlled Substances” as defined in R.C. 2925.11 http://codes.ohio.gov/orc/2925.11) is committed when a person knowingly, and without legal authority, obtains, possesses, or uses a controlled substance or a controlled substance analog (a substance having a substantially similar chemical structure and effect or substantially similar intended effect as that of a controlled substance). “Controlled substance analog” is defined in R.C. 3719.01(HH)(1) http://codes.ohio.gov/orc/3719.01 . A “controlled substance” (as defined by R.C. 3719.01 http://codes.ohio.gov/orc/3719.01) is one included in schedule I, II, III, IV, or V.

Depending on the circumstances, drug possession can be a minor drug possession offense characterized as a Misdemeanor or Felony of the 5th degree, or aggravated drug possession. The penalty for drug possession depends on the nature, as well as the amount, of the drug possessed. Some drug possession offenses are Felonies of the 1st Degree, carrying mandatory prison terms of up to 11 years.

CONSEQUENCES OF CONVICTION FOR A DRUG POSSESSION OFFENSE:

A conviction for Drug Possession can be extremely serious and have potentially severe detrimental long-term effects and collateral (unseen) consequences. Even for possessing drugs such as marijuana (which many believe to be harmless), the effects of a conviction may include loss of employment, loss of government financial aid, and other lost opportunities. Possession of other drugs, such as cocaine, heroin, and LSD, are particularly serious offenses, which are classified as felonies in Ohio; the degree of the felony depending on the amount of the drug in one’s possession. Consequences for drug possession can include fines, local jail time, mandatory prison sentences, fines and forfeiture of property, and loss of driving privileges.

Further, under federal law, any individual who unlawfully uses or is addicted to any controlled substance is prohibited from possessing a firearm. See, 18 U.S.C. 922(g)  https://www.law.cornell.edu/uscode/text/18/922 . Under state law, any individual formally charged with, or convicted of, a felony offense of drug possession is prohibited from possessing a firearm. See, R.C. 2923.13 http://codes.ohio.gov/orc/2923.13 .

WERE YOUR RIGHTS VIOLATED?

Many drug possession cases are charged following a search and seizure by police, such as a traffic stop, or a “stop and frisk,” or there is a search conducted pursuant to a search warrant. These involuntary detentions and searches by police implicate the protections of the Fourth Amendment to the U.S. Constitution. Under the Fourth Amendment, all persons are protected against unreasonable searches and seizures by police and government actors. Furthermore, the U.S. Supreme Court has held that searches conducted without a warrant, are per se unreasonable.

When the police violate the protections of the Fourth Amendment, the evidence that stems from the violation (an illegal search or seizure) is “suppressed” from evidence, or thrown out, under what is known as “the exclusionary rule.”

CALL ZUKERMAN ABOUT DRUG POSSESSION:

The attorneys of Zukerman, Lear & Murray Co., L.P.A. regularly practice in the area of Fourth Amendment searches and seizures and have a proven track record of challenging constitutional violations by law enforcement officers and having evidence against its clients excluded from trial.

DRUG TRAFFICKING SUMMARY:

Drug Trafficking occurs when a person sells, or attempts to sell, drugs or possesses drugs with the intent to distribute them.

DRUG TRAFFICKING IN OHIO:

Drug Trafficking, while similar to Drug Possession, adds a new, more serious element to the drug offense. Further, an individual may be charged with Aggravated Drug Trafficking.

WHAT IS DRUG TRAFFICKING?:

The offense of Trafficking is committed when a person knowingly, and without legal authority: (1) sells or offers to sell a controlled substance or controlled substance analog; OR (2) Prepares for or ships, transports, delivers, prepares for distribution or distributes a controlled substance or controlled substance analog, when the offender knows or has reasonable cause to believe that the substance is intended for sale or resale by the offender or another individual. The Ohio Statute for drug trafficking is R.C. 2925.03 http://codes.ohio.gov/orc/2925.03 . Trafficking is a felony, the degree of which depends upon the type of drug and the amount of the drug.

WHAT IS AGGRAVATED DRUG TRAFFICKING?

If the drug involved in the offense is included in Schedule I or II (but not marijuana, cocaine, LSD, heroin, hashish, and controlled substance analogs), the offense is Aggravated Trafficking. Aggravated Trafficking is usually a Felony of the 4th degree, but can be a Felony of the 1st, 2nd, or 3rd degree depending on the amount of drug involved and whether the offense was committed within the vicinity of a school or juvenile.

CONSEQUENCES OF CONVICTION FOR A DRUG TRAFFICKING OFFENSE:

Like drug possession, a conviction for drug trafficking has serious consequences such as the potential of imprisonment, the imposition of a fine and the forfeiture of property. Under federal law, any individual convicted of a crime punishable by imprisonment for a term exceeding 1 year is prohibited from possessing a firearm. See, 18 U.S.C. 922(g) https://www.law.cornell.edu/uscode/text/18/922 . Under state law, any individual formally charged with, or convicted of, felony drug trafficking is prohibited from possessing a firearm. See, R.C. 2923.13 http://codes.ohio.gov/orc/2923.13 .

WERE YOUR RIGHTS VIOLATED?

Many drug trafficking cases are charged following a search and seizure by police, such as a traffic stop, or a “stop and frisk,” or through the issuance of a search warrant. These involuntary detentions and searches by police implicate the protections of the Fourth Amendment to the U.S. Constitution. Under the Fourth Amendment, all persons are protected against unreasonable searches and seizures by police and government actors. Furthermore, the U.S. Supreme Court has held that searches conducted without a warrant, are per se unreasonable.

When the police violate the protections of the Fourth Amendment, the evidence that stems from the violation (an illegal search or seizure) is thrown out under what is known as “the exclusionary rule.”

CALL ZUKERMAN ABOUT DRUG TRAFFICKING

The attorneys of Zukerman, Lear & Murray Co., L.P.A. regularly practice in the area of Fourth Amendment searches and seizures and have a proven track record of calling law enforcement officers out for any unconstitutional conduct, and having evidence against its clients excluded from trial.

Featured Success Stories

Zukerman, Lear & Murray Co., L.P.A. aggressive defense of Client charged with felony drug trafficking and drug related offenses resulted in charges being dismissed against Client. Client’s residence was allegedly being used for drug activity and when a violent crime occurred there, law enforcement threatened to, and did, charge Client with drug trafficking unless she provided information about the violent crime. ZLM filed a Motion to Disclose Grand Jury Transcripts based on absence of evidence to support the charges against Client and law enforcement officer’s threat against Client. Thereafter, the State of Ohio dismissed all charges against Client.
See More Success Stories
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