Cleveland Drug Crime Attorney

Drug Possession & Trafficking Arrests

It’s quite common to find that our clients are charged with more than one drug offense, such as possession and trafficking, at the same time. As former prosecutors, our Cleveland drug crime lawyers are highly skilled in defending clients charged with these offenses.

This includes charges involving possession and trafficking of:

Whether it’s a state or federal drug charge, we can defend you from the serious penalties associated with convictions. All drug crimes in Ohio have a mandatory driver’s license suspension of at least six months, but more importantly, certain drugs carry mandatory prison time if you have above a specified amount of drugs.

As Cleveland drug crime defense attorneys, we understand that these are serious charges, and the punishments for drug possession and trafficking are extreme. We approach each case with the utmost seriousness and are available 24/7. In an emergency, we will make ourselves available at all hours in order to protect you from the allegations the police are making. We handle the most serious of cases, and our clients trust us when their lives are on the line.

Ohio Drug Trafficking Schedule (O.R.C. 2925.03)

When prosecutors believe they can prove you sold, shipped, transported, or delivered controlled substances that were intended to then be sold to others, you will be charged with trafficking or aggravated trafficking in drugs (ORC 2925.03) in Cleveland. The state of Ohio, like the federal government, defines drugs according to a “schedule,” where Schedule I and II drugs have a high probability of abuse and little or no medical use.

Schedule I and II drugs include:

• Cocaine
• Marijuana
• Heroin
• Opium
• Methamphetamine (crystal meth)
• Some painkillers

If you are charged with trafficking Schedule I or II drugs, you will be charged with aggravated trafficking in drugs (ORC 2925.03). Penalties vary based on drug type and amount, but you are facing a felony charge. This is true of simple trafficking in drugs, as well. Penalties vary, but you’re facing a felony charge and all the problems that go with it, including jail time and a felony record. Our attorneys are former prosecutors, so we know how drug trafficking cases are built and prosecuted — and we know how to push back and protect our clients.

Funding of Drug or Marijuana Trafficking (O.R.C. 2925.05)

Under ORC 2925.05, it is a crime in Cleveland to provide money or other items of value to a person with intent or knowledge that the recipient will use it to obtain any controlled substance to manufacture, cultivate, or sell drugs. The aggravated drug funding charge is applied when the substance in question is a Schedule I or II drug and is a first-degree felony. Drug funding for schedule III, IV, or V drugs is a second-degree felony. When the drug in question is marijuana, the charge is funding marijuana trafficking, a third-degree felony.

Aside from often lengthy prison sentences, a conviction results in significant fines, a suspended driver’s license, and for licensed professionals in the state, mandatory notification of the licensing board or agency. These are charges that can destroy your career and steal your freedom.

Penalties & Jail Time for Ohio Drug Crime Convictions

One thing that almost always concerns our clients about their drug charges is how much time they can get. As former prosecutors and attorneys who used to handle drug cases for the government, we can tell you that the amount of time in prison can be extensive. Some drugs, such as cocaine, heroin, and meth, have mandatory prison sentences for very low quantities (based on weight). This means that even if you have a relatively low-level felony and it is your first offense, you might have to go to prison if convicted—even if you had no prior convictions or charges. This is why it is important to hire an attorney. When dealing with larger quantities, and when firearms get involved, the amount of time can become quite significant. You could be looking at 11 years per charge on certain quantities and weights.

If you have been charged with a drug offense in Ohio, you need to hire a Cleveland drug crime defense attorney. In many of these cases, there is mandatory prison time and the potential to be forced to forfeit valuable property. The prison time in these cases can reach decades depending on the type, quantity, and weight of the drug involved.

The government aggressively pursues these cases with an almost unlimited supply of officers, investigators, detectives, and prosecutors. It is, therefore, in your best interests to hire the most experienced criminal lawyer that you can afford. Often, the right Cleveland drug crime attorney can be the only difference between freedom and prison.

Representation for Ohio Federal Drug Crimes

Federal drug charges are different from state charges, and there are so many considerable differences that only a federal drug charges lawyer can walk you through them. At Patituce & Associates, we’re one of the few firms in Ohio that can provide aggressive, successful defense for individuals who’ve been charged with a federal drug crime.

According to the federal sentencing guidelines, depending on the quantity of the drugs involved, you may face mandatory years, or decades, in federal prison. It is important that if you believe you are being investigated, have been charged, or have been indicted that you immediately speak with a Cleveland federal drug charges lawyer.

Discuss your case in a free consultation with our team today when you call (440) 771-1175!

Federal Controlled Substance Schedule

Typically each state has its own drug schedule, Ohio has them divided into five categories of controlled substances. Controlled substances with high risk and no accepted medical use are Schedule I drugs, while Schedule V narcotics have the lowest potential for abuse.

Federal Drug Trafficking Charges

Federal drug trafficking charges are often handled differently from other crimes. Not only are the investigations and prosecutions handled completely differently than a weapons charge, the federal sentencing guidelines require that the court take into account a number of different factors in deciding a sentence. You should make sure that any federal defense lawyer that you hire has experience defending people from drug charges.

Federal defense attorneys are the best person to speak to if you have been charged with such a crime. An attorney will challenge the evidence and examine the proof if there is any. Drug trafficking cases, as stated before, are complex, and you need to speak to a lawyer in order to best protect your freedom, income, and family. Make sure the firm you choose has experience defending clients charged with trafficking in marijuana, cocaine, LSD, crack, heroin, and many other types of drugs. Then you will know you have the best you can get.

Defenses to Federal Drug Charges

Our Cleveland federal drug charge attorneys can investigate your arrest and determine which defenses might apply to your case, helping you obtain the most positive outcome. While some defenses dispute evidence or testimony, others address procedural mistakes by law enforcement.

The following are the most common defenses to federal drug crimes:

• Violation of Fourth Amendment rights – According to the Fourth Amendment found in the U.S. Constitution, every citizen has the right to due process of law, which includes lawful search and seizure protocols before an arrest is made. If police fail to obtain your consent or a warrant signed by a judge prior to searching your vehicle or home, it is considered unlawful. Any evidence that was collected by an unlawful search could be suppressed, which could result in the dismissal of your entire case.
• The drugs are not yours – Another common defense is saying that the drugs do not belong to you. For instance, you borrowed your friend’s car and got pulled over by the police, who performed a vehicle search and discovered drugs in the glove compartment. You or your lawyer can argue that you had no idea that the drugs were there.
• The drugs are not what they appear to be – After the drugs are seized by law enforcement, they are sent to the crime lab for analysis. At trial, the crime lab analyst will show his/her findings to help the prosecution make its case. If the results from the crime lab determine the substances obtained at arrest are not actually illicit drugs, then your case will be dismissed.
• The drugs were planted – Whether the police officer’s body camera footage shows him/her planting drugs, or another officer blew the whistle, evidence of planting drugs will result in the dismissal of an entire case. However, since sworn testimony by law enforcement carries significant weight at trial, this could be tough to prove.
• Entrapment – Although law enforcement commonly orchestrates sting operations, entrapment happens when an officer or informant induces a suspect to commit a crime he/she otherwise may not have. For example, if an undercover cop or informant pressures you into buying drugs, it is deemed as entrapment.

Cleveland Federal Drug Lawyers Ready to Protect You

Federal drug charges, as you are aware, carry serious consequences.

Most of the time, the evidence defendants face in these cases consists of wiretaps, confidential informants, and undercover agents. It is important when selecting a drug crimes defense attorney to represent you that you pick a lawyer who has a significant amount of experience evaluating, and challenging, this type of evidence. As a former prosecutor, Joseph Patituce, the managing partner of Patituce & Associates, has a history of dealing with wiretaps, confidential informants, undercover agents, and many different forms of alleged drug trafficking.