You could face years in prison and heavy fines if you are charged with drug offenses in Ohio. The outcome of your case will depend on your choice of criminal defense counsel.
Federal drug charges can be very serious, so make sure you hire experienced Toledo federal drug crimes lawyers to protect your rights. Patituce & Associates, LLC is led by ex-prosecutors who understand the workings of the other side.
Our criminal defense attorneys have more than 70 years of combined experience and know how to challenge drug charges in Ohio and federal courts. For a private, free consultation with a Toledo federal crime defense attorney, call us at 419-737-4556.
Challenge the Police & Prosecutors
As Toledo criminal defense lawyers, we have seen that drug crime cases can be very challenging. Our clients are often young adults caught with small amounts of drugs. Sometimes, however, our clients are much more sophisticated and accused of being involved in the drug trade.
There are many ways to deal with a drug case. A treatment program may be the best option for some. Others prefer to go through the trial process.
We can help you in the following ways.
- We get the search warrant against you.
- We obtain any audio and video involving you
- We request the identity, name, and record of all witnesses against you.
- We can work to have evidence removed through a suppression hearing.
- We prepare and try the case if necessary.
These cases are more complex than just filing the motions and preparing for trial. Every case is unique and our strategy and representation are based on the specific needs of each case. Our Toledo drug crime lawyers will fight the evidence and ensure that you are well-represented. We don’t take the police or the prosecutor at their word.
We force them to prove their case. We will defend you from a felony or misdemeanor drug charge by filing motions for dismissal and motions to suppress. Sometimes, our Toledo drug crime lawyers will need to use creative drug possession defenses.
If necessary, we will use possession and trafficking expert witnesses to testify about the examination of the drugs that you are alleged to have possessed or traded in.
Ohio Drug Cases
We can help with all drug-related cases in Toledo.
- Possession or control of controlled substances (2925.11) – For example, marijuana, cocaine, prescription drugs, etc.)
- Trafficking in drugs or aggravated drug trafficking (2925.03) – The sale or offer to buy controlled substances)
- Corrupting someone with drugs (2925.02) – Sharing and coercing others to use a controlled drug)
- Illegal manufacture of drugs and cultivation of marijuana (2925.04) – marijuana or making meth
- Illegally assembling or possessing chemicals for the manufacture of drugs – (222.541) Making schedule II controlled substances or possessing at least one chemical to make illegal drugs
- Funding, aggravated financing of drug or marijuana trafficking (2925.05) -Bankrolling of or other helping to finance the movement and trafficking of drugs)
- Illegal distribution or administration of anabolic steroids (295.06) – Injecting, providing, or selling steroids to any person
- Possession of controlled substances (2925.11) – This is a “catch-all” offense.
- Possessing drug abuse instruments (2925.12) – Possing any item or tool that is used to inject, inhale or ingest illegal substances.
- Permitting drug use (2925.13) – Allowing someone else to commit felony drug abuse in any property you own, rent, or occupy)
- Illegal possession or use of drug paraphernalia (2925.14) – Possession of an item or tool that is tied to any controlled substance
- Illegal possession of marihuana/marijuana paraphernalia (2925.141) – Possession of any item or tool that could be used to store or conceal, inhale, ingest or ingest marijuana.
- Deception to obtain a dangerous drug (295.22)
- Illegal processing of drug documents (2925.23)
- Illegal dispensing of drug samples (2925.36)
- Counterfeit controlled substances offenses (295.37)
- Criminal forfeiture of property in connection to a felony drug abuse offense (2925.2)
Drug Possession & Trafficking Arrests
It is quite common for our clients to be charged with both trafficking and possession. Our Toledo drug crime lawyers have extensive experience representing clients who are being charged with these offenses.
This includes charges for possession or trafficking of:
- Crack cocaine
- Prescription drugs
We can help you avoid the severe penalties that come with convictions, no matter if it is a federal or state drug offense. Ohio law requires that all drug offenses be reported to the Ohio Department of Motor Vehicles. However, if there are more than six months in a row, you will have your driver’s license suspended.
We are Toledo drug crime defense lawyers. We know that these are serious charges. The punishments for drug possession or trafficking can be severe. Each case is treated with the utmost care and we are available 24 hours a day.
We will be available 24/7 to help you in an emergency. Our clients can trust us with the most serious cases.
Ohio Drug Trafficking (O.R.C. 2925.03)
If prosecutors can prove that you shipped, transported, or delivered controlled substances intended for sale to others, then you will be charged in Toledo with trafficking (ORC 2925.03).
Like the federal government of America, Ohio defines drugs according to a schedule. Schedule I and Schedule II drugs are highly likely to be misused and have little or no medical uses.
Schedule I and 2 drugs include:
- Crystal methamphetamine or methamphetamine
- Some painkillers
Trafficking Schedule I and II drugs will result in you being charged with aggravated drug trafficking (ORC 2925.03). While penalties vary depending on the drug type and amount, you will be facing a felony charge. This also applies to simple trafficking in drug substances.
Although penalties vary, you will be facing a felony charge with all the consequences, including jail time, and a criminal record. Because our attorneys were former prosecutors, we are familiar with how drug trafficking cases are constructed and prosecuted. We also know how to protect and push back on behalf of our clients.
Funding for Drug or Marijuana Trafficking (O.R.C. 2925.05)
ORC 2925.05 makes it a crime to give money or other valuable items to someone with the intent or knowledge that they will use it for any controlled substance to make, cultivate or sell drugs.
If the substance is a Schedule I/II drug, and it is a first-degree felony, the aggravated drug financing charge will be applied. Drug funding for schedule III-IV or V drugs is a second-degree felony. If the drug is marijuana, the charge of funding marijuana trafficking is a third-degree felony.
Apart from lengthy prison sentences, convictions can result in substantial fines and a suspension of your driver’s license. Professionals licensed in the state will also be required to notify the licensing board or agency. These charges can endanger your career and take your freedom.
Ohio Drug Crime Convictions: Penalties & Jail Time
Our clients are always concerned about the time they get for drug charges. We are former prosecutors and lawyers who handled drug cases for government clients. We can tell you that prison time can be very long. Certain drugs, such as heroin and cocaine, have mandatory prison sentences that are very low in quantity (based on their weight).
Even if your offense is a low-level felony, it could mean that you will be sent to prison even if this is your first time in trouble. It is crucial to retain an attorney. The amount of time required to deal with large quantities and firearms can be quite costly. On certain weights and quantities, you could face a charge of up to 11 years.
A Toledo drug crime lawyer is required to represent you if you are charged with a drug offense. These cases can lead to lengthy sentences depending on the type, weight, and quantity of the drug.
These cases are aggressively pursued by the government with an almost limitless supply of investigators, detectives, and prosecutors. You should therefore hire the best criminal lawyer you can afford. The right Toledo criminal lawyer can often make the difference between freedom and prison.
Representation for Federal Drug Crimes in Ohio
Federal drug charges can be different than state charges. There are so many differences that only a federal defense lawyer can explain them. Patituce & Associates is one of few Ohio law firms that can offer aggressive and successful defense to individuals charged with federal drug crimes.
Federal sentencing guidelines state that depending on the amount of drugs involved, you could face years or even decades in federal prison. If you suspect you may be under investigation or have been charged or indicted, you should immediately consult a Toledo federal criminal defense lawyer.
Call today to schedule a complimentary consultation with our team!
Federal Controlled Substance Schedule
Each state usually has its own drug schedule. Ohio has five categories of controlled substances. Schedule I drugs are controlled substances that pose a high risk to the body and have no medical use. Schedule V narcotics, on the other hand, are less likely to be misused.
Schedule I Controlled Substances
We have already mentioned that Schedule I drugs are not currently approved for medical use in the United States and pose a high risk of addiction and abuse.
These are some common Schedule I narcotics:
Schedule II Controlled Substances
Schedule II drugs are highly addictive, but there are still medical uses.
These are some common Schedule II narcotics:
- Oxycodone (e.g. OxyContin (e.g. Percocet)
Schedule III Controlled Substances
This schedule has a lower risk of abuse than Schedules I and II. A high level of psychological dependence and moderate to low physical dependence can result from abuse.
These are some common Schedule III drugs:
- Low doses of narcotics, such as painkillers and Suboxone (e.g. Tylenol, Suboxone, and codeine are all examples.
- Anabolic steroids
Schedule IV Controlled Substances
Schedule IV drugs have a lower risk of abuse than Schedule III narcotics. They can be used for medical purposes if they are administered in a responsible manner.
These are some common Schedule IV drugs:
Schedule V Controlled Substances
Schedule V drugs have a lower risk of abuse than Schedule IV narcotics. They are mainly composed of low-dose preparations of particular substances.
These are some common Schedule V drugs:
- Low doses of codeine are used in cough medicines (e.g. Robitussin AC and Phenergan with Codeine, among others)
Federal Drug Possession Charges
Drug possession charges and other drug charges are different than other crimes because the court will consider a variety of factors when deciding on a sentence. It is important to ensure that the Toledo federal drug attorney you hire has extensive experience in defending drug-related charges.
It is extremely difficult to defend against drug charges. A defense lawyer who does not have the necessary experience will not be able to help you. We are former prosecutors and have unique insight into the way that police conduct investigations, use confidential informants, use surveillance, and many other aspects of prosecuting drug crimes.
We have had incredible success representing clients in Toledo federal drug crime cases.
When Are Drug Crime Cases Prosecuted in Federal Court?
People often ask whether their case will be tried in federal or state court. Many people don’t know the requirements to have a federal case tried. Some drug cases can be tried in state or federal courts, but others require federal courts to handle all matters.
These are some of the factors that will determine if a case involving drug crimes is brought to federal court.
Federal Authorities Made the Arrest
Whether you are being arrested by the Federal Bureau of Investigation (FBI) or Drug Enforcement Agency (DEA), federal courts will likely be involved in your case. They have more resources and staff than the state police.
Federal Grounds Were Used to Carry Out the Drug Crime
If you’re accused of committing a crime on federal property, your case will be heard in federal court. Federal authorities will investigate any drug crime that occurred on federal property, regardless of how many drugs were involved.
The Drug Crime Was Carried Out in Multiple States
A federal court is able to take a case if a drug crime occurs across state lines. Even though the individual or dealer didn’t physically cross state lines, it is a federal crime if they purchase drugs online.
The Drug Crime is of a Serious Nature
The more serious a crime is, the more likely it is that the federal court will handle it. Your case will most likely be handled in state court if you were only charged with possession of a small amount of drugs, if you are not on federal property.
Federal and State Authorities Make a Decision
Federal and state authorities may decide whether to try your case before a federal court. Local police can refer cases to federal authorities.
Federal Drug Trafficking Charges
Federal drug trafficking cases are treated differently from other crimes. The federal sentencing guidelines require that the court considers a variety of factors when deciding on a sentence.
It is important to ensure that the federal defense lawyer you hire has experience in defending drug-related charges.
If you are facing charges for such a crime, federal defense attorneys can be contacted. An attorney will examine any evidence and challenge the evidence. As stated above, drug trafficking cases are complicated and you should speak with a lawyer to protect your freedom, income, and family.
You should ensure that the firm you select has extensive experience representing clients accused of trafficking in drugs such as heroin, crack, LSD, or cocaine. You will be able to rest assured that you are getting the best possible representation.
What Are Some Common Defenses for Federal Drug Charges?
Our Toledo federal drug crimes lawyers can help you get the best outcome. They will investigate your arrest and determine what defenses may apply to your case. Some defenses challenge evidence and testimony while others address procedural errors made by law enforcement.
These are the most common defenses against federal drug crimes.
Violations of Fourth Amendment Rights
The Fourth Amendment to the U.S. Constitution provides that every citizen has the right to due process of law. This includes lawful searches and seizure protocols prior to an arrest.
It is illegal if the police do not obtain your consent or sign a warrant by a judge before searching your home or vehicle. An unlawful search can result in evidence being suppressed and your case could be dismissed.
Drugs Are Not Yours
Another defense is to say that the drugs are not yours. You could have borrowed a friend’s car, and been pulled over by police. They search the vehicle and find drugs in the glove box. Your lawyer or you can argue that you didn’t know that the drugs were in your car.
Drugs Are Not What They Appear to Be
Once the drugs have been seized by law enforcement officers, they are sent to a crime lab for analysis. The crime lab analyst will present his/her findings at trial to support the prosecution’s case. Your case will be dismissed if the crime lab results prove that the substances taken at your arrest are not illicit drugs.
The Drugs Were Planted
The evidence that a police officer planted drugs will be dismissed, regardless of whether the body camera footage was taken by the officer or another officer. This could prove difficult because sworn testimony from law enforcement is very important at trial.
While law enforcement often orchestrates sting operations to catch suspects, entrapment is when an officer or informant incentivizes them to commit a crime they otherwise might not have. Entrapment can be described as when an informant or undercover cop pressures you to buy drugs.
Why Hire the Toledo Federal Drug Crimes Lawyers at Patituce & Associates?
As you know, federal drug charges can have serious consequences.
The evidence that defendants in these cases face is mainly wiretaps, confidential information, and undercover agents. When choosing an attorney to represent your case, it is crucial that they have significant experience in evaluating and challenging this type of evidence.
Joseph Patituce is a former prosecutor. He is the managing partner at Patituce & Associates and has dealt with wiretaps as well as confidential informants, undercover agents, and other forms of alleged drug trafficking.
He saved me. “I was charged with federal offense. The mandatory minimum sentence was five years in federal prison, but the real punishment required a sentence of more than 200 months. My first attorney tried getting me to plead guilty, which would have sent me to prison for between 151 and 180 months. I wish I had done my research before I made a decision. Joe saved my life. Although he was more expensive than my first attorney, it was money well spent. His team was efficient and he knew exactly what he was doing. Joe was always available to answer my questions. He even called me on weekends. He saved my life. I recommend him highly. R.Z.
Call Our Toledo Federal Drug Crimes Lawyers Today!
Federal courts can impose harsher penalties on those who are convicted because they deal with more serious cases. Federal agents are there to gather evidence against you. They will often promise you leniency or claim that no charges will be filed against you if they cooperate.
If you have information or are able to help the agents investigating you, it is crucial that you retain a federal defense attorney to represent you to reduce any possible charges. You are giving away your most valuable negotiation tool by speaking to agents without having a deal in place.