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Drug Crime Lawyer in Dayton, Ohio

Drug Crime Lawyer in Dayton, Ohio

Have you been charged with a drug crime in Dayton, Ohio? Our seasoned drug crime attorneys are ready to mount a vigorous defense for you. We offer:

  • Free consultations
  • 24/7 availability

Let’s get started on your case today.

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50+ years
of combined experience
95%
of successful cases

Experienced Dayton Drug Charges Lawyers to Protect Your Rights

At Gounaris Abboud, we fight for clients charged with all manner of drug crimes. Our experience makes us formidable defense opponents against the state, and we regularly achieve optimal results for our clients. These results may include charge dismissals, a reduction in charges, or an acquittal 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 fighting for you, you could face the maximum sentence.

Let Gounaris Abboud attorneys take the reins and use their extensive experience to fight the drug offenses you are facing. Call to speak with a lawyer today.

Are you facing drug chargesin Dayton, OH?

Call Gounaris Abboud, LPA today at (937) 915-6271 or contact us online to schedule a free consultation with our drug crime attorney!
Available 24/7 & Obligation-Free

Drug Crime Cases We Handle

At Gounaris Abboud, we handle every type of drug charge case, from possession to trafficking.

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Drug Trafficking

Selling or attempting to sell a controlled substance is considered drug trafficking. It can involve preparing, packaging, transferring, and distributing an illegal drug and can result in a first-degree felony. The state will weigh various factors when determining the seriousness of the charge, such as the quantity of drugs and your prior criminal record.

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Drug Manufacturing

Drug manufacturing is prohibited in the state of Ohio and includes activities such as the preparation, manufacturing, mixing, and cultivation of controlled substances. In some cases, drug manufacturing is charged as a first-degree felony, depending on the circumstances. As with trafficking, the quantity of drugs heavily influences the prosecutor’s charging decisions.

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Drug Paraphernalia

People use drug paraphernalia to manufacture, sell and distribute, prepare, and consume drugs. If you are in possession of drug paraphernalia, you can face a misdemeanor possession or misdemeanor trafficking in a paraphernalia charge. Common consumption paraphernalia include pipes, bongs, syringes, chillums, and hookahs. Paraphernalia related to manufacturing and trafficking include scales, plastic baggies, and marijuana cultivation equipment.

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Illegal Conveyance

Illegal conveyance occurs when a person delivers certain specified items, including alcohol, weapons, and drugs, to facilities under the control of the Departments of:

  • Developmental Disabilities;
  • Rehabilitation and Corrections;
  • Youth Services;
  • Mental Health and Addiction Services.

Illegal conveyance is a third-degree felony that can result in a five-year prison term and fines in addition to other charges.

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Possession of Controlled Substances

Ohio classifies drugs into one of five schedules, with the drugs in Schedule I having the highest potential for abuse and addiction and no recognized medicinal uses. If you are charged with possession of a Schedule I or II drug, you will automatically be facing a felony, whereas Schedule III, IV, and V drugs typically yield misdemeanors.

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Take the first step toward a strong defense. Contact us now to protect your rights and fight drug crime charges.

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Types of Drug Charges in Ohio

The drug laws of Ohio 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 we see:

Trafficking in Drugs

Most trafficking in drugs offenses in Ohio are felonies, but there is one trafficking charge that will net a misdemeanor.

Felony trafficking charges are as follows:

  • Below 200 Grams: Fourth-degree felony
  • 200 Grams to Below 1,000 Grams: Fourth-degree felony
  • 1,000 Grams to Below 5,000 Grams: Third-degree felony
  • 5,000 Grams to Below 20,000 Grams: Third-degree felony, with a presumption of prison time
  • 20,000 Grams to Below 40,000 Grams: Second-degree felony, with a mandatory minimum sentence of five years in prison
  • 40,000 or More Grams: 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 a drug abuse conviction.

Drug Manufacturing

As with trafficking, most drug manufacturing charges are felonies.

These include:

  • 100 Grams to Below 200 Grams: Fourth-degree misdemeanor;
  • 200 Grams to Below 1,000 Grams: Fifth-degree felony;
  • 1,000 Grams to Below 5,000 Grams: Third-degree felony;
  • 5,000 Grams to Below 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 Substances

Possession of controlled substance charges are largely felonies.

They include:

  • 100 Grams to Below 200 Grams: Fourth-degree misdemeanor;
  • 200 Grams to Below 1,000 Grams: Fifth-degree felony;
  • 1,000 Grams to Below 5,000 Grams: Third-degree felony;
  • 5,000 Grams to Below 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;
  • 40,000 or More Grams: 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.

Possession of Drug Abuse Instruments

Possession of drug abuse instruments is a charge that may be classified as a second-degree misdemeanor for first-time offenders and a first-degree misdemeanor if the defendant has a drug abuse conviction on their record.

Penalties for Drug Offences in Dayton, OH

The penalties for drug offenses in Ohio are usually quite steep. But with a robust defense, your charges can be reduced or even dropped. Generally speaking, the amount of a substance you have on you and your prior criminal record are factors in determining the punishment you will face.

Ohio penalties for drug crimes include:

  • Minor Misdemeanor: Fines of up to $150;
  • Fourth-Degree Misdemeanor: A maximum of 30 days in jail and a fine of up to $250;
  • Third-Degree Misdemeanor: A maximum of 60 days in jail and a fine of up to $500;
  • Second-Degree Misdemeanor: A maximum of 90 days in jail and a fine of up to $750;
  • First-Degree Misdemeanor: A maximum of 180 days in jail and a fine of up to $1,000;
  • Fifth-Degree Felony: A maximum of 12 months in prison and a fine of up to $2,500;
  • Fourth-Degree Felony: A maximum of 18 months in prison and a fine of up to $5,000;
  • Third-Degree Felony: A maximum of 5 years in prison and a fine of up to $10,000;
  • Second-Degree Felony: A maximum of 8 years in prison and a fine of up to $15,000;
  • First-Degree Felony: A maximum of 11 years in prison and a fine of up to $20,000.

Additionally, where you are alleged to have committed the crime is important for sentencing purposes. For example, if you are charged with and convicted of committing a drug crime on or near school grounds, you will likely face a penalty enhancement that results in longer prison times.

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How Can Our Drug Crime Lawyer Help You?

Our number one goal is to get you the most optimal outcome for your circumstances.

We accomplish this by:

1.

Giving Clear Guidance

We give you guidance and advice throughout your case so you understand what is transpiring

2.

Building a Strong Defense

We comb through your case to develop the most effective defense strategies

3.

Safeguarding Your Rights

We will ensure that your constitutional rights are upheld throughout the entire legal proceedings, safeguarding you from any potential violations

4.

Fiercely Negotiating

We skillfully negotiate plea deals and the reduction of charges

5.

Representing You in the Courtroom

We fight hard at trial and use every tool necessary, including expert witnesses

6.

Thoroughly Analyzing Evidence

We pore over the evidence against you, looking for mistakes and holes

7.

Mitigation Strategies

Our mitigation strategies routinely lead to reduced and alternative sentences

8.

Client Support

We help you weather this tough time through consultations and by promptly addressing your questions and concerns

When you are facing drug charges, you need an experienced criminal defense attorney who can get results. At Gounaris Abboud, our legal team is ready to use its skill and experience to aggressively defend you against the state.

Why Choose Our Drug Defense Lawyers?

Gounaris Abboud is a top criminal defense firm with:

Five-plus Decades of Experience

Five-plus Decades of Experience

Personalized Attention for Clients

Personalized Attention for Clients

Recognition by Industry-leading Groups such as Avvo and SuperLawyers

Recognition by Industry-leading Groups such as Avvo and SuperLawyers

Fiercely Aggressive Defense Capabilities

Fiercely Aggressive Defense Capabilities

24/7 Availability for Clients in Need

24/7 Availability for Clients in Need

Hear What<span class="subtitle">Our Clients Are Saying</span>

Hear WhatOur Clients Are Saying

5
I found Gounaris and Abboud through good online reviews. Mr. Abboud handled my cases very professionally for two years. He truly takes his cases to heart and cares about his clients. He keeps you informed and has all the answers to all your questions. You really feel safe with Mr. Abboud as your lawyer. I would highly recommend him to anyone needing professional family law representation.
Patty M.
5
They did absolutely everything possible to help reduce the sentence and charges faced. The fees for their services were worth every cent and superior to any public defendant representation. They both put their hearts into their work and care like nobody else I have ever encountered in the legal system.
Melinda Q.
5
Attorney Nick Gounaris handled my case and he did a wonderful job. I am very pleased with this law firm. I have never been in the situation I found myself in ever before and it was scary and confusing, but Nick and his staff were wonderful with answering my many questions and they were very sympathetic and understanding, always quick to respond when I would call. I am happy with the outcome of my case. If you find yourself in a situation that needs legal help, these are the guys to call!
Melinda Q.

Contact Our Dayton Drug Offense Lawyer Today!

Don't hesitate to get the defense you need. Call our office today to speak with Dayton drug crime lawyers who will vigorously fight against your drug offense case.
Available 24/7 & Obligation-Free

FAQs AboutOhio Drug Charges

Can I face federal charges for drug crimes committed in Ohio?

Yes. The federal government may step in and charge an individual for a drug crime when the quantities of drugs are large or when drugs cross state lines.

Are there any alternative sentencing options available for first-time drug offenders in Ohio?

Yes. Ohio allows first-time drug offenders to participate in various alternative sentencing programs, depending on each individual’s circumstances. Alternative options available to first-time offenders include diversion programs, probation, and drug court adjudication.

How can I challenge the evidence against me in a drug crime case in Ohio?

An arrest is just the beginning of the story. Your defense attorney has various defenses that may apply to your case.

Unlawful Search and Seizure

The Fourth Amendment protects individuals 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 a traffic stop without probable cause;
  • Searching a home or vehicle 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 by Dayton Police

Entrapment occurs when the authorities design a criminal plan and convince or coerce someone to carry it out. This could be someone who would not otherwise be engaged in the criminal plan. For example, if a police officer coerces someone to sell cocaine, and that person would never have done so otherwise, that person can use entrapment as a defense.

You Didn’t Possess the Drug

Often, prosecutors use constructive possession to build cases. Constructive drug possession is when the drugs are not in the person of the defendant 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 did not possess the drugs because you did not 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 they are not your drugs.

Your Medical Marijuana Is Legal

Medical marijuana is legal in Ohio, yet people are still finding themselves facing criminal possession charges when they have followed all state medical marijuana rules. When this occurs, your attorney will present proof of your right to consume marijuana for medicinal purposes.

Your Prescription Drugs Are Legal

Prescription drugs are legal. However, this does not prevent some users from facing criminal charges. If you legally have a prescription, your attorney will present evidence of your right to possess the drugs in question.

You Didn’t Know You Had Drugs (or They Belonged to Someone Else)

The statute that controls drug possession in Ohio requires that you knowingly possess a drug to be charged with its possession. In other words, if you did not 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. However, if you share a storage space with two friends, the drugs found there could belong to one of them.

The Police Mishandled Evidence

The chain of evidence custody must 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 can lead to the evidence being excluded.

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 punish you not only criminally but civilly as well.

Convicted offenders can expect to face various barriers at many levels in their lives. With a criminal record reflecting drug abuse, they must deal with restrictions that impact every aspect of their lives, from education and jobs 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 are in the United States as a resident but not a citizen, your immigration status may be severely impacted. With a drug conviction, you may have trouble acquiring or keeping a green card, or you may even be deported after serving time in jail.

What Are Ohio 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, their potential for abuse, and their recognized medicinal properties.

Ohio also classifies drugs into five distinct schedules. The lower the schedule, the more dangerous the drug, according to Ohio law.

  • Schedule I: Schedule I drugs are considered to be 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 there is a small risk of abuse and addiction. Drugs in this schedule include ketamine, anabolic steroids, lysergic acid, and testosterone;
  • Schedule IV: The drugs 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 are used extensively to treat a wide variety of medical conditions and may contain products that use small amounts of narcotics found on lower schedules.

For example, codeine, which is 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 will be considered a Schedule V drug.