Tirelessly Fighting Charges Of Drug Possession
Virtually anyone can come under scrutiny for an alleged drug crime — professionals, parents, students and even people who have never touched drugs in their lives. Regardless of the circumstances that led to your drug charge, it is important to fight these accusations aggressively to get the best possible result in your case.
At Wolfe Law Group, LLC, in Columbus, our lawyers for drug possession have helped clients throughout central Ohio protect their interests when facing drug possession charges. We have successfully defended people against allegations involving:
- Cocaine and crack
- Club drugs, including MDMA
- Prescription medications such as OxyContin, Vicodin or Xanax
Am I Facing Prison Time?
All felony offenses carry the potential of prison time. However, there have been recent developments in the legislature that have moved towards probation and treatment instead of incarceration on certain drug offenses, specifically on lower level offenses and first time offenders. Many counties in central Ohio are particpating in a program called "Targeted Community Alternatives to Prison" or "T-CAP" where low level drug offenders must be placed on probation if they meet certain requirements.
Still, there is a possiblity of prison time on felony drug offenses. The following guide from the Ohio Sentencing Commission lists the penalties for the type and amount of various drugs on pages 3 through 5:
Drug Offense Quick Reference Guide
Although there has been progress moving away from incarcerating low-level drug offedners, it is still a possibility. Additionally, there are other significant penalties, such as fines, driver's license suspension, probation, and simply having a felony on your record. We take these charges seriously and urge you to do so, as well.
What is a Motion to Suppress?
Drug charges often stem from a traffic stop or search. Law enforcement officials are required to conduct these stops and searches a certain way to avoid violating your constitutional rights under the 4th Amendment. A Motion to Suppress is your way of asking the Court to throw out evidence that was obtained in violation of your constitutional rights.
Two situations where we will commonly file a motion to suppress are baseless traffic stops and illegal searches. The Supreme Court has repeatedly said that the police must have a warrant to search you, your home, or your vehicle. While there are exceptions where warrantless searches are legal, they must be conducted properly. For example, if you are pulled over while driving, the police cannot indefinitely detain you while they wait for a drug-sniffing dog.
We will investigate the details of your arrest and ensure that any evidence that was maintained improperly is called into question or thrown out completely. By thoroughly examining every facet of your case, our experienced drug possession lawyers can develop the strongest possible defense.
What is Drug Court?
In many counties throughout central Ohio, there is a special court focused exclusively on drug cases. Drug court works to get people the help that they need rather than simply relying on the deterrence of jail time. By helping people with the underlying issues of addiction that caused them to be before a judge in the first place, the hope is that people will not commit crimes again.
In Franklin County, the treatment program is a year long. If you successfully complete it, your charges are dismissed. Not everyone who applies is accepted into this program. We can help you put together a persuasive case why your case should be heard in drug court.
What is Intervention in Lieu of Conviction?
Intervention in Lieu of Conviction is a special type of probation that results in the dismissal of felony charges if it is successfully completed. If drug or mental health issues led to your arrest, there is a possibility that you would qualify for the program. Under R.C. 2951.041, there are ten requirements to be eligible for Intervention in Lieu of Conviction, or "ILC":
- You have never been convicted of a felony offense of violence;
- You are not charged with a first, second, or third degree felony or an offense of violence;
- You are not charged with certain offenses, including drug trafficking;
- If drug or alcohol usage was a factor leading to your charges, you have been assessed by a certified counselor or program that has written a report determining that you are eligible;
- If mentall illness was a factor leading to your charges, you have been assessed by a pyschologist or other qualified counselor to determine that you are eligible;
- Your drug or alcohol usage or your mental illness was a factor leading to the offense charged;
- The victim, if any, was neither older than 65 nor younger than 13;
- There was no physical harm caused;
- You are willing to comply with all terms imposed by the Court; and
- You are not charged with an offense that would disqualify you from operating a commercial motor vehicle.
If all of these apply to you, there is a possiblity that you could be granted Intervention in Lieu of Conviction and never be convicted of anything, keeping your record clean.
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We believe that our clients deserve the highest level of service and accessibility, so we are available 24/7 to address their concerns. All of our clients have our cellphone numbers so they never have to worry about getting in touch with an attorney. To learn more and arrange a free, confidential consultation, please contact us.