In the 1970's President Nixon declared a war on drugs. For the past 50-years states have devoted much of their attention to drug crimes and their accompanying penalties.
Consider that the police budget for Columbus, Ohio in 2021 was $337 MILLION dollars: the largest share of the budget for all of Columbus
Drug charges are serious and comes with serious consequences. If you are charged with a trafficking offense, NOW is the time to start your defense.
The majority of drug cases are won through the suppression of the evidence. This simply means.. that the police did not do their job correctly and thus any evidence that was illegally obtained is not permitted to be used against you. For example, evidence that is obtained in violation of your Fourth or Fifth Amendment rights.
Evidence that may be thrown out:
1. Illegal police searches of a home or vehicle
2. Illegal police lineups for identification
3. Responses to illegal questioning conducted by the police
Suppression motions are decided prior to trial and must meet specific deadlines and if these deadlines are not met, the issue is considered waived. (35 days after arraignment or 7 days before trial, whichever is earlier.) This means that there is no time to waste.
-
First: The police will investigate. This could be during a traffic stop or they may contact you, show up at your home or job, or obtain search warrants.
-
Second: If the police establish probable cause of the commission of a crime they will arrest you. Just because you're not arrested initially DOES NOT mean you are in the clear. You may be indicted by a grand jury if probable cause is established.
-
Third: After arrest, you will usually appear before a judge or magistrate within 24-48 hours of the arrest. This is usually called the initial appearance or arraignment. NOTE: If you're held for more than 48 hours without an initial appearance, the 4th amendment generally requires a judicial finding of probable cause.
-
FOURTH: If you were not indicted by a grand jury, the next court appearance may be a preliminary hearing depending on the circumstances of the case.
-
FIFTH: Next, the state and I will "hash" things out and try to reach an agreement. This is where the "lawyering" takes place. If the police or prosecution made an error in your case, WE WILL find it.If you are not 100% satisfied with the outcome, the case will be taken to trial. If you are not 100% satisfied with the outcome, the case will be taken to trial. NOTE: This is where we may file a motion to suppress if any evidence was illegally obtained.
-
TRIAL: If you are not 100% satisfied with the outcome, the case will be taken to trial.
In addition to a potential jail or prison term, a possession of marijuana may also include:
-
Loss of professional licensure
-
probation
-
community service
-
A criminal record
-
Ineligibility for financing aid
-
Hefty mandatory fines
-
Drug testing
Use the charts provided by the Ohio Supreme Court as a reference.
For example: The possession of a schedule I or II drug in an amount greater than the bulk amount but less than 5 times the bulk amount is a felony of the third degree and a prison term is favorable.
