ohio drug trafficking laws

Ohio, like all other states and the federal government, has enacted laws that outlaw drug trafficking. Drug trafficking and aggravated drug trafficking in Ohio are serious crimes that carry lengthy prison sentences. Police and prosecutors seek long prison terms for anyone convicted of drug trafficking in Ohio. If you were charged with drug trafficking in Ohio, you need expert legal help. In Ohio, our award-winning drug trafficking defense lawyers with Gounaris Abboud, LPA, have handled numerous criminal trials. We rely on a combined 50 years of legal experience handling complicated drug investigations to help you achieve a successful result. Drug Trafficking Ohio Drug trafficking charges receive significant prison sentences because of the intent to sell or deliver drugs. Ohio law defines trafficking in narcotics—which can include about any controlled substance or controlled substance analog—as knowingly: Selling, Offering to sell, Preparing for shipment, Shipping, Transporting, Preparing for distribution, or  Distributing. The law does not include a requirement that money must be exchanged for drug possession to qualify as trafficking. Additionally, Ohio law considers a person guilty of trafficking even if they had a mixture of an active drug and non-narcotic substance that formed a compound.  Ohio Drug Trafficking Penalties The sentencing scheme for drug trafficking in Ohio is extremely complicated. The particular sentences a person faces depend on the amount of drugs seized and the accused’s prior criminal record.  Perhaps the most significant factor that determines possible jail time is the substance seized by police. The nature of the substance determines if the charges are trafficking or aggravated trafficking. Aggravated Trafficking The police may charge aggravated trafficking when the substance seized is a Schedule I or II drug. However, aggravating trafficking excludes the following substances: Cocaine, Marijuana, LSD, Hashish,  Heroin, and Controlled substance analogs. Aggravated trafficking is a fourth-degree felony in Ohio. The maximum penalty is a jail sentence between six and 18 months. The court may assess a fine of no more than $5,000.  Other Drug Trafficking Charges Trafficking in substances defined by Schedule III, IV, or V is a fifth-degree felony. The maximum penalty is a 12-month prison term and a fine of no more than $2,500. As with aggravated trafficking, drug trafficking charges become more serious, depending on the drug’s weight, called the bulk amount. Additionally, the court may impose stricter penalties if the crime occurred near a school or a juvenile. Cocaine Trafficking Charges Trafficking in cocaine is a fifth-degree felony unless the crime occurred near a school or a juvenile. Additionally, the penalty for trafficking cocaine significantly increases depending on the weight of the drug. Penalties for cocaine trafficking range from six months to 11 years in prison and fines up to $20,000. Heroin Trafficking Heroin is a lethal drug. Consequently, Ohio state law carries significant punishments for tiny amounts of heroin. A person is guilty of heroin trafficking for 10 doses or less than one gram. Heroin trafficking of that small amount is a fifth-degree felony. The penalties can include an 11-year prison sentence and a $20,000 fine. Once again, the drug’s weight and the crime location determine the severity of the punishment. Secondary Consequences of Drug Trafficking A person convicted of drug trafficking is guilty of a felony. A felony conviction remains on the person’s criminal history. Additionally, subsequent offenders face enhanced prison sentences. The state will also suspend the person’s driver license.  A conviction for a drug trafficking crime in Ohio affects a person’s life in other ways. The person might experience difficulty finding employment or getting a college degree, or they may face immigration consequences.  How Can a Drug Trafficking Defense Help? Experienced drug trafficking defense attorneys understand how to defend those charges aggressively. The facts of the case will determine the defense strategies used. Some strategies include: Arguing motions to suppress the evidence based on constitutional violations; Arguing motions to dismiss based on lack of evidence;  Taking the case to trial because the prosecution’s evidence is weak; and Negotiating the case to a lesser charge. Working closely with your Ohio drug trafficking defense attorney will help develop the right defense strategy for you. Call Now to Learn More About Ohio Drug Trafficking Laws You need a seasoned and dedicated drug trafficking defense lawyer on your side as soon as possible. The complexity of Ohio’s drug trafficking laws requires the help of criminal defense lawyers with decades of experience and a proven track record of success.  With 50 years of combined criminal defense experience and a reputation for results, you can count on the lawyers at Gounaris Abboud, LPA. Call 937-222-1515 right now to discuss your Ohio drug trafficking case. 

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felony 5 drug possession in ohio likely outcome

Ohio’s drug possession laws are some of the harshest in the country. Even the lowest category of felony possession carries up to a year behind bars. If you face felony 5 drug possession in Ohio, the likely outcome could be grim. In fact, a conviction can send you to jail or prison and cost you thousands of dollars in fines, fees, and court costs. Understanding your options will help you make the best choice for your future. The Ohio criminal defense lawyers from Gounaris Abboud, LPA, understand what you’re going through, and we are here to help. How Does Ohio Classify Possession of CDS? In Ohio, charges for possession of a controlled dangerous substance (CDS) are based on the type of substance and the amount you had in your possession. Ohio classifies different substances into schedules, depending on the comparative danger of the drug based on its propensity for addiction and abuse. Schedule I drugs pose the highest level of risk. These are substances that have no identified medical use yet pose the highest risk for abuse, such as ecstasy, LSD, and heroin. Schedule II drugs, although slightly less dangerous, also pose a high risk for addiction and abuse, including cocaine, methamphetamine, oxycodone, and fentanyl. Schedule III drugs pose a lower risk for addiction, including ketamine, anabolic steroids, and medications containing less than 90 milligrams of codeine per dose. Schedule IV drugs pose an even lower risk for addiction, including benzodiazepines (e.g., Xanax), valium, Ambien, and Ativan. Schedule V drugs pose the lowest risk for abuse. This category contains medications used by prescription for coughs, pain, and gastric conditions, including Lyrica, codeine cough syrups, Lomotil, and Parapectolin. The level of charges you face will depend on the type and quantity of CDS you possess. You may face more serious charges if you have prior possession convictions or if any aggravating circumstances apply in your case. Some of the most common Felony 5 possession offenses include: Cocaine (less than 5 grams), Heroin (less than 1 gram), and LSD (less than 10 doses). Many other types of drug offenses fall under the Felony 5 category. If you aren’t sure what 5th degree felony drug possession in Ohio might mean for you, a drug possession attorney can help you understand the potential penalties you face. Penalties and Sentencing for Fifth-Degree Possession Charges in Ohio Upon conviction for Felony 5 drug possession in Ohio, you face penalties that include: Six to 12 months in prison, Up to a $2,500 monetary fine, and Up to five years community control (probation). You also face the potential for driver license suspension as well as the possibility of having a permanent criminal record. You could lose your right to hold professional licensure along with other key civil rights such as the right to vote or possess a firearm. Were you recently charged with a crime? If you were recently charged with a crime text us the details Text Us on Mobile For Free Case Analysis How Can an Ohio Criminal Defense Attorney Help You? If you were arrested or charged with fifth-degree felony drug possession in Ohio, you must act quickly to protect your rights. Before you answer questions or provide any statements to the police or prosecutor, contact a drug possession lawyer to explore your options. Although you might feel you have no options, you might be surprised by what an experienced defense attorney can do for you. When you trust the drug crimes lawyers of Gounaris Abboud, LPA, we will review the evidence and investigate your case to identify any potential weaknesses. We use this information to negotiate with the prosecutor for a reduction or dismissal of your charges. We tailor our legal defense strategies to the details of your case and fight hard to protect your rights and your future. Contact us today to talk with one of our Ohio criminal defense lawyers. Call us at 937-222-1515 to learn more or contact us now to learn more about the most likely outcome if you’re facing Felony 5 drug possession charges.

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ohio drug laws controlled substances

What You Should Know About Ohio Drug Possession Laws Ohio drug possession laws are codified by Ohio Revised Code Section 2925.11 and define possession of controlled substances as “knowingly obtaining, possessing, or using a controlled substance”. Ohio drug laws classify controlled substances into five “schedules.” These schedules range from the most serious (Schedule I) to the least serious (Schedule V). Possession of more serious drugs carries more severe penalties, while the penalties for possessing less serious drugs are not as harsh. Ohio law provides different “bulk amounts” for each type of drug. These are benchmarks used to measure the appropriate penalty based on the quantity of the drug. Criminal penalties for possessing a controlled substance can include prison sentences, fines, or both. If you have been arrested for a drug possession crime in Ohio, you should contact a criminal defense lawyer today. Hiring a criminal defense lawyer gives you the best chance to reduce or eliminate your criminal charges. Recent Case Result: Drug Crime Reduced to Disorderly Conduct Ohio Drug Laws on Controlled Substances Ohio drug laws follow federal classifications of controlled substances into five “schedules”: Schedule I. Schedule I drugs are those that have a high potential for abuse and have no accepted medical uses. Examples of Schedule I drugs include heroin, LSD, and marijuana. But the Ohio Legislature has now enacted laws providing for medical use of marijuana with an approved license. Schedule II. Schedule II drugs are drugs with a high potential for abuse but with limited accepted medical uses. These drugs are considered dangerous and can lead to severe mental and physical dependence. Cocaine, methamphetamine, oxycodone, and fentanyl are some examples of Schedule II drugs. Schedule III. Schedule III drugs are drugs with a moderate to low potential for abuse or dependence and have accepted medical uses. Ketamine and anabolic steroids are examples of Schedule III drugs.  Schedule IV. Schedule IV drugs have a low potential for abuse or dependence. These drugs also have known medical uses. For example, Xanax, Valium, and Ambien are Schedule IV drugs. Schedule V. Schedule V drugs have the least potential for abuse and the most common medical uses. Antidiarrheal and cough suppressants are examples of Schedule V drugs. Whether a drug is a Schedule I or II controlled substance or a Schedule III, IV, or V controlled substance is important for criminal charges, penalties, and sentencing. Related: Client with Possession of Heroin Charge Gets Diversion Program Ohio Penalties for Possessing Controlled Substances Penalties for possession of controlled substances depend on factors such as the type and the amount of the substance. For example, possession is more severely punished when it involves possession of Schedule I and Schedule II controlled substances.  The penalties for possessing a controlled substance also depend on how much of the substance the accused possessed. Some controlled substances, including marijuana, LSD, heroin, and cocaine, are measured by weight. Other controlled substances are measured by what Ohio drug laws call a bulk amount. Each controlled substance is assigned a bulk amount by statute. Penalties depend on whether the defendant possessed less or more than the bulk amount. Note that possession is not a crime if the person has a valid prescription for the controlled substance. Many controlled substances, particularly Schedule III, IV, and V controlled substances, have accepted medical uses. Possessing a controlled substance without a valid prescription, however, can lead to misdemeanor or felony possession charges. Were you recently charged with a crime? If you were recently charged with durg possession then text us the details Text Us on Mobile For Free Case Analysis Possession and Aggravated Possession of Controlled Substances in Ohio Ohio law differentiates possession and aggravated possession of controlled substances based on the type of drug you possessed. Schedule I and II Controlled Substances Possession of most Schedule I or II controlled substances is aggravated possession of drugs under Ohio drug laws. However, possession of some Schedule I and II drugs will not result in aggravated possession charges. Marijuana, heroin, cocaine, and LSD Schedule I and II drugs that are excepted from aggravated possession charges include marijuana, heroin, cocaine, and LSD. Each drug carries its own penalties. Marijuana Possession of marijuana in Ohio is penalized as follows: Less than 100 grams is a minor misdemeanor; Greater than or equal to 100 grams but less than 200 grams is a fourth degree misdemeanor; Greater than or equal to 200 grams but less than 1,000 grams is a fifth degree felony; Greater than or equal to 1,000 grams but less than 20,000 grams is a third degree felony; and Greater than or equal to 20,000 grams is a second degree felony. If you’re charged with marijuana possession in Ohio, contact a criminal defense lawyer today. Heroin Possession of heroin in Ohio is penalized as follows: Less than 10 unit doses or less than one gram is a fifth degree felony; Greater than or equal to 10 unit doses but less than 50 unit doses or greater than or equal to one gram but less than five grams is a fourth degree felony; Greater than or equal to 50 unit doses but less than 100 unit doses or greater than or equal to five grams but less than 10 grams is a third degree felony; Greater than or equal to 100 unit doses but less than 500 unit doses or greater than or equal to 10 grams but less than 50 grams is a second degree felony; Greater than or equal to 500 unit doses but less than 1,000 unit doses or greater than or equal to 50 grams but less than 100 grams is a first degree felony; and Greater than or equal to 1,000 unit doses or greater than or equal to 100 grams is a first degree felony plus major drug offender status. If you’re charged with heroin possession in Ohio, contact a criminal defense lawyer today. Cocaine Possession of both powder and crack cocaine in Ohio is penalized as follows: Less than five grams...

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T.M. is a 25-year-old male with no prior criminal history. On or about January 9, 2014, he was stopped and arrested for possession of heroin. In Ohio, a possession of heroin charge is a felony of the fifth degree, which is punishable up to 12 months imprisonment and a $2,500 fine if convicted. On behalf of T.M, Attorney Antony Abboud filed a Motion for Intervention in Lieu (ILC), pursuant to the Ohio Revised Code Section 2951.041. T.M was given a mandated drug assessment by the courts, who ultimately decided that he was a good candidate for ILC. On April 1, T.M was granted ILC and all proceedings in his case were ordered stayed. Once T.M successfully completes the standard court drug program, all of his charges related to the possession of heroin, including his arrest record, will get expunged and sealed from his record. If you have been charged with a similar offense, get in touch with our firm.

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drug crime

Gounaris Abboud, LPA may not be able to facilitate a dismissal in all of their cases, but in many circumstances they can reduce charges so that clients have drastically reduced penalties. One client recently came to the firm with drug crime charges. She is the single mother of one child and has no prior criminal history. She was having a party at her house when a neighbor called the police with a noise complaint. When the police responded to the complaint, they noticed drug paraphernalia in plain sight in the house. They arrested the mother with drug charges. In the state of Ohio, a drug crime carries a mandatory minimum six-month license suspension. This means that for at least half a year, this mother may have been forced to abstain from driving. When she came to Gounaris Abboud, LPA, were able to convince the prosecutor in the case to amend the charges to a mere disorderly conduct charge. This is only a minor misdemeanor. This means that our client did not have to deal with a license suspension, and was not required to spend any time in jail. The client pled guilty to disorderly conduct and the court imposed a court cost with no fines. If you have been arrested for possession of drug paraphernalia, then you may want to hire a dedicated defense attorney to assist you in your case as well. At Gounaris Abboud, LPA, the attorneys understand how to best discuss cases with the prosecution and work towards a satisfactory settlement in the case pre-trial. This way, it will save clients time and money, and they can be sure to get satisfactory results. While Gounaris Abboud, LPA cannot guarantee victory in every case they take on, clients can trust that the firm will do all that they can to assist their clients. Don’t hesitate to call the firm today!

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