DRUG OFFENSES

Drug offenses in the State of Ohio encompass the Possession, Manufacture and Distribution of Controlled Substances or Controlled Substance Analogs.  With drug offenses come lifelong consequences. The sooner you secure experienced criminal defense, the sooner the Attorneys at Dworken and Bernstein can start building your defense.

  • Am I going to jail?
  • How long will this stay on my criminal record?
  • Will my employer find out?
  • Do I have a Drug or Alcohol problem?
  • What if I need more than legal help?
  • How can this affect my future?

If you are your loved ones have been accused of a Drug Offense in Cleveland, Ohio call the Attorneys at Dworken & Bernstein now for a free case evaluation.  We possess the scientific knowledge and experience in challenging drug test lab results that you need to protect yourself effectively.  Having successfully challenged lab results in every major court within the Greater Cleveland and Northeastern Ohio area, We look forward to developing the most comprehensive drug defense for your case.

What Type of Drug Offenses Can We Help With?

If you are arrested for or charged with a Drug Offense, We Can Help.  Drug Offenses we commonly defend against include:

  • Corrupting Another with Drugs – ORC 2925.02
  • Illegal assembly or possession of chemicals for manufacture of drugs – ORC 2925.041
  • Illegal manufacture of drugs, illegal cultivation of marihuana or methamphetamine – ORC 2925.04
  • Illegal processing of drug documents – ORC 2925.23
  • Illegal use or possession of drug paraphernalia – ORC 2925.14
  • Illegal use or possession of marihuana drug paraphernalia – ORC 141
  • Permitting drug abuse – ORC 2925.13
  • Possessing drug abuse instruments – ORC 12
  • Possession of Controlled Substances – ORC 2925.11
  • Trafficking in Drugs – ORC 2925.03

The most serious drug offenses are prosecuted criminally as felonies and carry with them significant penalties.  With today’s Ohio ravaged by the opioid epidemic, finding an attorney with the necessary skills to challenge drug results in the lab can provide you with the confidence and comfort you need when facing such a significant hurdle in your life.

Potential Consequences of Drug Offenses

  • Incarceration in Jail or Prison
    • Misdemeanor of the 4th degree – 30 days maximum in jail
    • Misdemeanor of the 3rd degree – 60 days maximum in jail
    • Misdemeanor of the 2nd degree – 90 days maximum in jail
    • Misdemeanor of the 1st degree – 180 days maximum in jail
    • Felony of the 5th degree – 12 months maximum in prison
    • Felony of the 4th degree – 18 months maximum in prison
    • Felony of the 3rd degree – 36 months maximum in prison
    • Felony of the 2nd degree – 2 years to 8 years in prison
    • Felony of the 1st degree – 3 years to 11 years in prison

*These guidelines do not take into consideration any specifications or enhancements to the crimes charged which may carry with them additional sentencing penalties.

ORC 2929.14 can offer further guidance on prison terms, “If the offender is being sentenced for one felony and the felony is a qualifying felony of the first or second degree, the maximum prison term shall be equal to the minimum term imposed on the offender under division (A)(1)(a) or (2)(a) of section 2929.14 of the Revised Code plus fifty per cent of that term.” Note, there are varying guidelines depending on the number of offenses convicted of.

  • Monetary or Financial Sanctions
    • Fines
      • Minor Misdemeanor – maximum $150
      • Misdemeanor of the 4th degree – maximum $250
      • Misdemeanor of the 3rd degree – maximum $500
      • Misdemeanor of the 2nd degree – maximum $750
      • Misdemeanor of the 1st degree – maximum $1,000
      • Felony of the 5th degree – maximum $2,500
      • Felony of the 4th degree – maximum $5,000
      • Felony of the 3rd degree – maximum $10,000
      • Felony of the 2nd degree – maximum $15,000
      • Felony of the 1st degree – maximum $20,000
    • Court Costs
    • Dismissal Costs

Other Potential Consequences

    • Forfeiture of Property and Money
    • Loss of Employment
    • Community Control
    • Drug and Alcohol Treatment
    • Mental Health Treatment
    • Suspension of License or Limited Privilege to Drive
    • Immigration Concerns/Issues up to Deportation

The list of controlled substances and controlled substance analogs that are being prosecuted is constantly evolving.  With drugs being added to the list, removed from the list or classified under a different schedule on the list, you need the help of an attorney that can explain to you the differences on how each of these drugs is treated in the Courts of Ohio. 

The State of Ohio provides unique Guidelines for Prosecuting and Sentencing each of the following Groups of Drugs:

  • Schedule I or II
  • Schedule III, IV, V
  • Marijuana
  • Cocaine: Powder or Crack
  • Methamphetamine
  • LSD: Solid
  • LSD: Liquid
  • Heroin
  • Hashish: Solid
  • Hashish: Liquid
  • Controlled Substance Analog
  • Fentanyl-Related Compound

If you are your loved ones have been accused of a Drug Offense in Cleveland, Ohio call the Attorneys at Dworken & Bernstein now for a free case evaluation.

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