Experienced
Dayton Drug
Charge Lawyers
to Protect
Your Rights
At Gounaris Abboud, we fight for clients charged with all manner of drug crimes. Our experience makes us formidable opponents to the state, and we regularly achieve favorable results for our clients, including charge dismissals, reductions in charges, and acquittals at trial.
If the state has levied drug charges against you, your liberties are in jeopardy. You could see time behind bars and be compelled to pay exorbitant fines. Without a drug crime attorney representing you, you could face the maximum sentence.
Let the capable attorneys at Gounaris Abboud take the reins and use their extensive experience to fight the drug offenses you’re facing. Call to speak with a lawyer today.
Don’t face the power
of the government alone.
Let our award-winning team stand and fight for you.
Drug Crime Cases We Handle
Our firm handles every type of drug charge case, from possession to trafficking. Here’s an overview of some of the cases we see most often.
Our comprehensive criminal defense practice also covers traffic charges, white-collar crimes, juvenile defense, probation violations, federal crimes, and appeals. No matter the charge, we are here to help.
Don’t face criminal charges alone. Your freedom
is at stake.
Our experts fight for your rights and future.
What Are Ohio’s Controlled
Substance Schedules?
The main federal law for battling controlled substances is the Controlled Substances Act, which schedules different drugs based on their addictive properties, recognized medicinal utility, and potential for abuse.
Ohio also classifies drugs into five distinct schedules. The lower the schedule, the more dangerous the drug.
Schedule I
Schedule I substances are considered the most dangerous drugs in Ohio. They have the highest potential for abuse and addiction, and they serve no medicinal purposes. Drugs in this schedule include heroin, LSD, MDMA, psilocybin, and bath salts.
Schedule II
Schedule II drugs also have a high risk of addiction and abuse, but they may have certain limited medicinal uses. They include cocaine, hydrocodone, oxymorphone, and morphine.
Schedule III
Schedule III drugs have legitimately recognized medicinal applications, although they present a small risk of abuse and addiction. Drugs in this schedule include ketamine, anabolic steroids, lysergic acid, and testosterone.
Schedule IV
The substances in Schedule IV have a lower potential for addiction and abuse and are frequently used to address medical conditions. They include alprazolam (Xanax), barbital, zolpidem (Ambien), and diazepam (Valium).
Schedule V
The drugs found in Schedule V have the lowest potential and incidence rate of abuse out of all the controlled substances. They’re used extensively to treat a wide range of medical conditions and may contain products that use small amounts of narcotics found on lower schedules.
For Example…
odeine, a Schedule II narcotic, is found in various products that are Schedule V drugs. As long as there are less than 200 milligrams of the drug per 100 milliliters or 100 grams, the product is considered a Schedule V drug.
Types of Drug Charges in Ohio
Ohio’s drug laws allow prosecutors to seek various types of charges depending on the circumstances of a person’s arrest. These are the most common general categories of drug charges our firm sees.
Most trafficking offenses in Ohio are felonies, though there’s one trafficking charge that will net a misdemeanor.
The charges for drug trafficking are as follows:
- Under 200 grams: Fourth-degree felony.
- 200 to 1,000 grams: Fourth-degree felony.
- 1,000 to 5,000 grams: Third-degree felony.
- 5,000 to 20,000 grams: Third-degree felony, with a presumption of prison time.
- 20,000 to 40,000 grams: Second-degree felony, with a mandatory minimum sentence of five years in prison.
- 40,000 grams or more: Second-degree felony, with a mandatory minimum sentence of eight years in prison.
The misdemeanor trafficking charge involves the gifting of 20 grams, which results in a minor misdemeanor for first-time offenders and a third-degree misdemeanor for defendants with past drug abuse convictions.
Possession of drug abuse instruments is a charge that may be classified as a second-degree misdemeanor for first-time offenders or a first-degree misdemeanor if the defendant has a drug abuse conviction on their record.
As with trafficking, most drug manufacturing charges are felonies.
They include:
- 100 to 200 grams: Fourth-degree misdemeanor.
- 200 to 1,000 grams: Fifth-degree felony.
- 1,000 to 5,000 grams: Third-degree felony.
- 5,000 to 20,000 grams: Third-degree felony, with presumed time in a state penitentiary.
- 20,000 grams or more: Second-degree felony, with a mandatory minimum of eight years in a state penitentiary.
The misdemeanor manufacturing charge is a minor misdemeanor and involves the manufacture of less than 100 grams.
Possession of controlled substance charges are largely felonies.
They include:
- 100 to 200 grams: Fourth-degree misdemeanor.
- 200 to 1,000 grams: Fifth-degree felony.
- 1,000 to 5,000 grams: Third-degree felony.
- 5,000 to 20,000 grams: Third-degree felony, with presumed time in a state penitentiary.
- 20,000 to 40,000 grams: Second-degree felony, with a mandatory minimum of eight years in a state penitentiary.
- 40,000 grams or more: Second-degree felony, with a mandatory minimum sentence of eight years in prison.
Possession of less than 100 grams of a controlled substance is a misdemeanor.
Penalties for
Drug Offences
in Dayton, OH
The penalties for drug offenses in Ohio are usually quite steep. However, with a robust defense, your charges could be reduced or even dropped. Generally speaking, the amount of a substance you have on you and your prior criminal record will determine the punishment you’ll face.
The penalties listed here represent the maximum punishments for each offense per Ohio law. Actual penalties may vary based on factors like prior criminal history, mitigating circumstances, and the discretion of the court.
It’s important to consult with a qualified criminal defense lawyer at Gounaris Abboud to get a better idea of the potential penalties for the crime you’ve been charged with.
The potential penalties for drug crimes in Ohio include:
What Are the Collateral
Consequences of Drug Crime
Convictions in Ohio?
The collateral consequences of drug crime convictions are the non-criminal impacts that convicted offenders face, which are many. Unfortunately, Ohio drug laws are designed to punish not just criminally but also civilly.
Convicted offenders can expect to face many different barriers. With a criminal record reflecting drug abuse, they must deal with restrictions that impact every aspect of their lives, from education and employment to housing and child care.
According to the Ohio Office of Criminal Justice Services, these “sanctions” end up resulting in hundreds of negative collateral consequences and can be classified into five categories:
- Sanctions of civil rights
- Sanctions in public employment and conducting business with the state
- Sanctions involving child custody, care, and control
- Sanctions affecting regulated professions, businesses, and trades
- Sanctions of other privileges
More specifically, some direct examples of these sanctions in action include:
- Loss of driving privileges
- Forced submission to random drug testing
- Disqualification for jury duty
- Use of conviction as a basis for divorce
- Loss of a state professional license
- Loss or abridgment of parental custody
- Loss of the right to vote in local, state, and federal elections
- Loss of benefits from the Ohio Public Employees Retirement System
- Inability to join the armed forces or the Coast Guard
If you’re in the United States as a resident but not a citizen, your immigration status may also be impacted. With a drug conviction, you might have trouble acquiring or keeping a green card. You could even be deported after serving time in jail.
What Types of Evidence Can Be Used in Drug Crime Cases?
Our comprehensive criminal defense practice also covers traffic charges, white-collar crimes, juvenile defense, probation violations, federal crimes, and appeals. No matter the charge, we are here to help.
Some evidence will generally be available no matter what drug crimes prosecutors allege, such as:
- Photos and videos
- Controlled substances allegedly found in your possession
- Information recovered from your phone, such as call records, texts, and voicemails
- Witness testimony, including police officer testimony, about what they observed
- Alleged co-conspirator testimony
- Wiretapped calls
- Confessions
The exact use of this evidence will depend on your charges. Dayton drug crime lawyers from our firm can fight against the admissibility and relevance of the evidence used against you.
Drug trafficking includes acts involving the transportation and sale of controlled substances. Depending on the magnitude of a drug bust in Dayton, Ohio, some evidence you may see in these cases can include:
- Scales
- Baggies
- Large amounts of cash
- Drugs recovered from mailed packages
- GPS information recovered from your phone
Your drug crime attorney can also challenge drug charges for trafficking by showing the absence of this evidence or providing alternative explanations that do not involve drug crimes.
Manufacturing and cultivation can violate Ohio drug laws even if the drugs are purely for personal use. Evidence used to prove these drug crimes includes:
- Photos of production facilities
- Testimony from witnesses who worked in the facility
- Chemicals and equipment used in manufacturing or growing
Ohio law enforcement officials and the federal government devote extensive resources to investigating and shutting down large-scale drug manufacturing and drug cultivation operations. As a result, the evidence may be substantial. However, our Dayton drug crime lawyers stand up to the full might of the government to fight drug charges.
How Can I Challenge the Evidence Against Me in a Drug Crime Case?
An arrest is just the beginning of the story. Your defense attorney can raise any number of defenses that may apply to your case.
The Fourth Amendment protects U.S. citizens from unreasonable searches and seizures. If the police violate your rights while searching and seizing evidence, your attorney can fight to have that evidence thrown out.
Some ways in which the police unlawfully search and seize include:
- Executing traffic stops without probable cause
- Searching homes or vehicles without a warrant or other valid authority
- Exceeding the scope of a search warrant
If your attorney manages to get key evidence thrown out, your case will likely be dismissed.
Entrapment occurs when the authorities design a criminal plan and convince or coerce someone to carry it out. This could be an individual who would not otherwise be engaged in the criminal plan. For example, if a police officer convinces someone to sell cocaine, and that person presumably wouldn’t have done so otherwise, they can use entrapment as a defense.
Prosecutors often use constructive possession to build cases. Constructive drug possession is when the drugs aren’t on the defendant’s person but somewhere under their direct dominion and control, such as a locker or a storage unit.
If someone else’s drugs end up in your locker or the trunk of your car, your defense attorney may be able to argue that you didn’t “possess” the drugs because you didn’t know they were there. However, if you knew they were in your locker and allowed them to remain, you may still face a possession charge, even if the drugs aren’t yours.
Medical marijuana is legal in Ohio, yet residents still find themselves facing criminal possession charges when they’ve followed all state medical marijuana rules. When this occurs, your attorney will present proof of your right to consume marijuana for medicinal purposes.
Prescription drugs are legal, but this fact also doesn’t prevent some users from facing criminal charges. If you have a legal prescription, your attorney will present evidence of your right to possess and use the drugs in question.
The statute that controls drug possession in Ohio specifies that you must knowingly possess a drug to be charged with its possession. In other words, if you didn’t know the drugs were there, how can you possess them?
Of course, if the drugs are found in your pocket, the defense options are limited. That said, if you share a storage space with friends, the drugs found there could belong to one of them.
It’s imperative that the chain of custody of evidence be preserved in criminal cases. Your attorney will meticulously review the evidence practices used to gather and process the seized drugs. Any issues they find could lead to the evidence being excluded.
What Is the Ohio Court
Process in Drug Crime Cases?
After an arrest for drug crimes, prosecutors will typically file drug charges identifying the laws you are accused of breaking. The case then moves out of the hands of law enforcement officers and into the courts.
Here are the steps you may encounter as you and your drug crime attorney fight your drug charges:
The arraignment occurs at your first court appearance. This is when the judge informs you of the drug charges against you. If you hire drug crime lawyers, they will appear at the arraignment, and you will enter a plea of guilty or not guilty. Otherwise, the judge will give you time to find legal counsel and delay the plea, if you request it.
The judge may also hold a bail hearing. The bail hearing will determine whether you get released from jail so you can work with your Dayton drug crime lawyers to prepare your legal defense.
Before trial, lawyers for both sides will attend hearings to inform the judge of the progress of the case. The judge will set the schedule for any trial based on these hearings.
For example, a skilled criminal defense attorney will often work with prosecutors to explore the possibility of a plea agreement or dismissal. If your drug crime lawyers can reach an agreement for lesser charges, you might consider accepting the deal instead of risking a trial.
Pretrial motions determine what will or will not be presented to a jury. Some examples of motions that your Dayton drug crime lawyers might file include:
- Motions to suppress evidence from an illegal search
- Motions to exclude evidence that is irrelevant or unduly prejudicial
- Motions to disqualify the prosecution’s expert witnesses
The judge will apply the rules of evidence to decide these motions and determine what the lawyers can present at your drug crimes trial.
You have the right to request a trial by jury. Most people facing Ohio drug charges choose a jury trial over a bench trial, relying on the sympathies of ordinary citizens. If you choose a jury trial for your drug-involved offenses, you and your lawyer will usually participate in jury selection.
A drug bust in Dayton, Ohio, today might make the news, leading potential jurors to have preconceived ideas of your guilt or innocence. Jury selection is meant to ensure you receive a fair and impartial jury panel. Lawyers for both sides can question potential jurors to identify possible biases so that you can exclude people who have already made up their minds.
After a Dayton drug bust, prosecutors have the burden of persuasion. They must establish that you committed every element of the drug crimes charged. If their case misses any element, the associated drug crime can be dismissed. Alternatively, your attorney for drug charges can ask the trier of fact to acquit you of any drug crime the prosecution failed to fully prove.
Whether you face a violation of Ohio drug laws or a federal drug crime, prosecutors must persuade the trier of fact beyond a reasonable doubt. In other words, if the trier of fact has any doubt based on real facts, as opposed to speculation, that trier of fact can acquit you of the charges.
Our job as your Dayton drug crime defense attorneys is to raise reasonable doubt.
You do not need to present evidence at your trial. Since you are innocent until proven guilty under the U.S. criminal justice system, you can simply rely on the prosecution’s failure to prove your case.
However, a lawyer for drug cases may advise you to present defenses in your case, such as mistaken identity, lack of intent, or other facts that counter the prosecution’s story. For example, a drug case lawyer might tell you to talk about evidence that the police mishandled the alleged drug involved in your case, tainting it so that it could not be tested.
You can also testify in your defense case, but you should discuss the pros and cons of testifying with your criminal defense firm. Good lawyers for drug charges will often tell you that your testimony can open you up to cross-examination by the prosecution.
The trier of fact will render a verdict finding you either guilty or not guilty of the drug crimes charged. If you choose a jury trial, the jurors must vote unanimously to find you guilty. Any juror harboring a reasonable doubt about the case against you can vote to acquit you.
If all the jurors vote not guilty, you are acquitted and cannot face the same charges under the Double Jeopardy Clause of the U.S. Constitution. If only some of the jurors vote not guilty, you have a hung jury and may be tried again in the criminal justice system.
If you get convicted of a drug offense, the judge will set a sentencing hearing. Before your sentencing, the lawyers for both sides will submit to the judge information about aggravating and mitigating factors. Sentencing for Ohio drug crimes takes many factors into account, including:
- The drug involved
- The amount of drugs involved
- Your prior criminal history
Aggravating factors might include where the drug offense occurred and whether a weapon was involved. Mitigating factors might include a small amount of drugs and a lack of a criminal record.
If the judge made legal errors in your case, a drug offenses attorney can appeal the decision. For example, if the judge allowed the prosecution to present illegally obtained evidence against you, an appeals court can reverse your conviction and order a new trial.
Generally, a drug lawyer can only challenge errors in legal proceedings. A drug attorney cannot challenge how the jury weighs the evidence against you.
Why Choose Our Dayton
Criminal Defense Firm?
When your future is at stake, the attorney you choose matters. Clients across Ohio
trust Gounaris Abboud because we provide:
Unmatched Experience
With over 50 years of combined experience, including time as prosecutors and magistrates, we know the system inside and out.
A Record
of Success
We have a 95% success rate in achieving favorable outcomes for our clients. We are proud of our case results and are ready to fight for you.
Client-Focused
Approach
You are not just a case number. We provide personalized attention, answer your calls 24/7, and ensure you are informed and empowered at every step.
Award-Winning
Recognition
Our attorneys are consistently recognized by Super Lawyers, The National Trial Lawyers Top 100, and other prestigious legal organizations.
Local Court
Knowledge
We are in the Dayton and Montgomery County courts every day. We know the judges, the prosecutors, and how to navigate the local system to your advantage.
How Our Drug Crime
Lawyers Can Help You
Our number one goal is to get you the most optimal outcome for your circumstances.
We accomplish this by performing the following duties:
Providing Clear
Guidance
Our team will advise you and keep you informed throughout your case so you understand what’s transpiring at every turn.
Building a Strong
Defense
We’ll comb through every aspect of your case to develop the most effective defense strategies.
Defending Your
Rights
We’ll ensure that your constitutional rights are upheld throughout various legal proceedings, safeguarding you from potential violations.
Negotiating
Fiercely
Our attorneys know how to skillfully negotiate plea deals and get charges reduced or even dropped.
Representing You
in Court
When necessary, we fight hard at trial and use every tool at our disposal, including expert witnesses.
Thoroughly Analyzing
Evidence
We’ll pore over the evidence against you, looking for mistakes and holes.
Developing Mitigation
Strategies
Our mitigation strategies routinely lead to reduced and alternative sentences.
Offering Unmatched
Client Support
We’ll help you weather this tough time by promptly addressing any questions or concerns you have.
The Defenders to
Stand Behind You
Nicholas G. Gounaris
Founding Partner
- With more than 20 years of experience Mr. Gounaris has successfully tried cases in Municipal, State and Federal Courts.
- In the past he’s acted in the capacity of prosecutor, magistrate and acting Judge. As such, Mr. Gounaris is able to understand legal issues from many different vantage points and that experience has proved invaluable in assisting his clients.
Antony Abboud
Founding Partner
- A seasoned lawyer and former prosecutor Antony “Tony” Abboud is named to the list of the Top 100 Trial Lawyers by The National Association Trial Lawyers.
- He has also received a 10.0 “Superb” rating by Avvo, which is an attorney rating website recognized around the nation.
Our Success Stories
College Student Was Facing Rape and Sexual Assault Charges Pre-Indictment
Client received a diversion program and avoided any felony charges, prison and sex offender charges as Gounaris Abboud was able to begin representation prior to Grand Jury Indictment and was able to provide vital information to show discrepancies in the statement of the complaining witness
Testimonials
Jennifer Dailing
I can’t thank Nick Gounaris and his staff (Especially Kelsea Maxwell) enough for the help my son received. This office is very professional, kind, and nonjudgemental. They go above and beyond to help. When Nick tells you he will do everything he can to help your situation, he does!!! If I ever need an attorney, he will be the person I see without a second thought.
If I could give 10 stars I would!!! Thank you for all you do!!!!!!
Jennifer *
There are simply not enough stars to leave for Tony and his paralegal, Michelle. I found myself in a very scary and unfortunate situation (not something I had ever been in before), and Tony immediately reached back out to take my case. Michelle was so quick to respond and get answers to my many questions. My case was ultimately dismissed – and I can now move on with my life. I can not thank Tony and his team enough. If you are reading the reviews, trying to decide whether to retain this firm- DO NOT HESITATE!!!
Brenda Purdin
Tony and Michelle were great. I felt at ease from my first phone call and conversation with Michelle and Mr. Abboud. He was confident, friendly and reassured me that they would get the best outcome for my situation, and they did. I feel that they genuinely care about their clients and do everything they can to be our voice and represent us in the courtroom.
Frequently Asked Questions
About Ohio Drug Charges
Can I face federal charges for drug crimes committed in Ohio?
Yes. The federal government may step in and charge you for drug crimes if the quantities of drugs in question are large enough or you’ve transported substances across state lines.
Are there any alternative sentencing options available for first-time drug offenders in Ohio?
Ohio allows first-time drug offenders to participate in various alternative sentencing programs, depending on individual circumstances. Some of the options available to first-time offenders include diversion programs, probation, and drug court adjudication.
What are Dayton drug crime investigations?
Investigators at all levels of the government investigate drug crimes. Local police agencies, like county sheriff’s offices, may investigate drug crimes as they arise in relation to other crimes investigated, such as theft, domestic violence, or OVI.
They may also investigate drug crimes directly with surveillance and controlled buys from known or suspected dealers.
A drug charge attorney will often tell you that federal drug crime investigators typically focus on larger enterprises, like gangs and drug cartels. These investigations may span multiple counties, states, or countries, requiring federal involvement. Federal investigators from the U.S. Postal Service also investigate drugs sent through the mail.
Resources
You are not alone when you face drug issues, including arrests for drug crime charges. In addition to searching “drug possession lawyers near me” for qualified attorneys to contact, there are both local and national resources you can consult to learn more.
The Drug Policy Alliance (DPA)
It outlines policies that reduce the harms related to drug use and argues for safer alternatives to prohibition.
Students for a Sensible Drug Policy
The Policy helps students understand the harm to young people posed by the war on drugs and encourages them to fight for more thoughtful drug policies.
The Ohio Revised Code
It lists all the drug crimes in Ohio, along with the elements prosecutors must prove to secure a drug conviction.
The Dayton Area Service Committee Narcotics Anonymous
It is the local chapter of Narcotics Anonymous, a leading support group and 12-step program for people addicted to substances.
Narcotics Anonymous
The program grew out of Alcoholics Anonymous into one of the most popular support groups for people looking to escape their substance use issues and maintain their sobriety.