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What Is the Impact of Felony Drug Trafficking Charges in Ohio?
Felony drug trafficking is a serious charge with severe consequences in Ohio. In addition to lengthy prison sentences, hefty fines, and a permanent criminal record, a conviction can lead to loss of employment opportunities, housing and civil rights restrictions, and social stigma. When facing felony drug trafficking charges, it is crucial to seek skilled legal representation from an experienced criminal defense attorney who can explore every available strategy to challenge the charges or mitigate the consequences.
How Is Drug Trafficking Defined Under Ohio Law?
Drug trafficking is defined in the Ohio Revised Code Section 2925.03. It is the act of knowingly selling, offering to sell, shipping, delivering, or transporting illegal drugs. Whether or not a profit was made from a transaction, the act of attempting to sell or transport a controlled substance can lead to drug trafficking charges. The severity of the change can depend on various factors, including the following:
- Type and quantity of drug involved
- Whether the offense occurred in the vicinity of a school or a juvenile
- Whether the offense occurred in the vicinity of a services provider for substance addiction or a recovering addict
- Prior criminal history of the accused
Trafficking is classified as a felony offense under Ohio law. The severity of the charges can range from a fifth-degree felony for smaller quantities to a first-degree felony for larger amounts of dangerous drugs such as fentanyl. Conviction of drug trafficking in Ohio carries severe penalties. In some more serious cases, the law imposes mandatory minimum prison terms.
What Are the Penalties for Felony Drug Trafficking in Ohio?
Penalties for drug trafficking depend on the severity of the offense and the degree of felony charged. A fifth-degree felony drug trafficking conviction carries six to 12 months in prison and fines of up to $2,500, while a first-degree felony conviction can lead to three to 11 years in prison and fines of up to $20,000. Penalties may be enhanced for aggravating factors, such as large quantities of drugs involved, trafficking within the vicinity of a school or a juvenile, or a previous conviction of drug trafficking. Additional consequences may include mandatory minimum prison terms, asset forfeiture, and a permanent criminal record.
What Are the Legal Defenses Against Felony Drug Trafficking Charges?
Multiple legal strategies may be employed to defend against drug trafficking charges. Our skilled Ohio drug crime lawyer can raise every applicable defense in your case. The following legal defenses are commonly used against drug trafficking charges:
Challenging the Validity of the Evidence
The prosecution’s case often rests on physical evidence, such as financial records, drug paraphernalia, or the drugs themselves. Scrutinizing physical evidence to ensure its validity and reliability can be a strong defense strategy. Your defense attorney may raise questions concerning the chain of custody issues—were the drugs or other evidence properly handled, stored, and documented? A break in the chain of custody could cast doubt on whether the drugs presented in court are the same drugs allegedly seized during the arrest.
Unlawful Search and Seizure
The Fourth Amendment protects against unreasonable search and seizure by law enforcement. If the police conducted an illegal search or seizure, violating your constitutional rights, any evidence obtained may be deemed inadmissible in court. Unlawful search and seizure can occur:
- When law enforcement conducts a search without a valid warrant from a judge,
- When the warrant was based on false or misleading information,
- When a search exceeds the scope of what the warrant permits or
- When there was no probable cause or reasonable suspicion to justify the search.
Lack of Knowledge or Intent
The prosecution must prove that he or she knowingly and intentionally engaged in the illegal sale or transportation of controlled substances to convict a defendant of drug trafficking. Demonstrating that you were unaware of the presence of the drugs or had no intent to sell or distribute the substances could weaken the prosecution’s case. For example, if the drugs were in your vehicle without your knowledge, and you were unknowingly transporting them for someone else, you may not be guilty of trafficking. Possession does not automatically mean intent to distribute. Your defense attorney may argue that the drugs were for personal use rather than for sale or distribution.
Mistaken Identity
If police officers arrested the wrong person, or you were simply in the wrong place at the wrong time, mistaken identity may be a valid defense. This strategy could apply if you were present during a drug transaction but were not involved or if law enforcement arrested you based on a vague description that could apply to multiple individuals.
Violation of Your Right to a Speedy Trial
Under the Sixth Amendment to the U.S. Constitution, the accused in a criminal prosecution has a right to a speedy trial by an impartial jury. If the prosecution delays your trial without valid reasons, your criminal defense attorney can file a motion to dismiss your case.
Our experienced drug crime lawyers at Watson Kuhlman, LLC believe everyone deserves a second chance, and we work hard to obtain the most favorable outcome possible for our clients. We can negotiate effectively to represent your interests when dealing with police officers, thoroughly examine the prosecution’s case against you, and challenge every flaw. Our seasoned criminal defense attorneys can offer skilled legal counsel and strong defense strategies throughout the entire process. Contact us today at216-208-7858 if you face drug trafficking charges in Ohio.
