Cincinnati Ohio Drug Crimes FAQ
According to Drug Policy Facts, in 2020, there was an estimated 1,155,610 arrests for drug crimes in the United States; of those arrests, approximately 87 percent were for possession of a controlled substance. As a result, many people who have been charged with a drug offense in Ohio have questions about their potential sentences, what elements of the charges are, and whether they will have a criminal record.
Brian Joslyn of Joslyn Criminal Defense Law Firm in Cincinnati, Ohio, is an experienced attorney with knowledge of Ohio’s controlled substance laws. He answers some commonly asked questions about drug crime charges below.
Firm by calling (513) 399-6289 or filling out an online form for a free, confidential consultation.
Common Drug Crime Charges
Q. What Are Common Drug Crimes In Cincinnati?
- There are three basic drug crimes –
- Drug Possession – knowingly obtaining or possessing a controlled substance.
- Drug Manufacturing – intentionally manufacturing or engaging in any part of the controlled substance production process.
- Drug Trafficking – engaging in the shipment, transportation, preparation, or distribution of a controlled substance.
Drug crimes are typically related to the above three areas, which have serious potential for drug abuse.
Q. What Are Federal Drug Crimes?
- Technically, all drug charges are considered federal crimes. Most commonly, federal charges arise when there is more than a certain amount of a controlled substance, the substance was allegedly trafficked across state lines, or the alleged crime happened on federal property.
The Drug Enforcement Administration (DEA) is dedicated to enforcing controlled substance laws and regulations in the United States that provide arrest statistics, recovery resources, and publications on federal drug information in the US.
Q. What Are The Illegal Drugs In Cincinnati?
- Illegal drugs constitute controlled substances and can include but are not limited to cocaine, marijuana, heroin, LSD, ecstasy, methamphetamines, and oxycontin.
Q. What Does Possession Of A Controlled Substance Mean?
- Possession of a controlled substance means knowingly exercising dominion and control over an illegal drug and having a reasonable belief that the substance in your possession is an illegal drug.
Q. How Is Drug Trafficking Defined?
- Drug trafficking is the preparation, shipment, distribution, or delivery of illegal drugs, which the offender intends to sell or resale to another or obtain or purchase through sale or resale by another.
Q. What Are Federal Drug Crimes?
- Any illegal drug charge is a federal crime. However, most crimes relating to controlled substances in Ohio are handled by local law enforcement.
Q. How Is Drug Possession With Intent To Sell Defined?
- Possession with intent to sell is defined as the exercise of dominion and control over illegal substances, with the intent (i.e., knowledge and purpose) to sell, distribute, ship, deliver, or otherwise traffic those substances.
Q. How Is Drug Cultivation Defined?
- Cultivation or manufacture is defined as the production or growth of illegal substances.
Q. How Do I Know That I Am Being Investigated For A Drug Crime?
- If you are investigated for a crime, law enforcement will either stop and question you or, if you are in your home or another dwelling, police officers may ask for your consent to search that place.
Q. If I Have Been Arrested In Cincinnati For A Drug Crime, What Should I Do?
- If you have been arrested for a drug offense in Cincinnati, you should assert your rights to remain silent and to have an attorney. Be sure to fully inform the police that you wish to invoke these rights. From this point, the only thing you should inform the police of is your name, address, and date of birth if requested.
Q. Should I Consent To A Search Of My Home?
- Police officers must present a properly executed warrant, particularly describing the place to be searched and the items or individuals to be seized, to conduct a lawful search. You have a reasonable expectation of privacy in a dwelling (such as your home). If you give express or implied authority to consent to people entering the dwelling, though, you consent to the search.
Q. Will I Go To Jail Or Prison If I Have Been Arrested For A Drug Crime?
- Unfortunately, many of the sentencing guidelines for drug crime convictions laid out by the Criminal Sentencing Commission provide for the potential for jail or prison. However, you are not convicted of a drug crime in Cincinnati until proven guilty. Therefore, if you have been arrested for a drug offense in Cincinnati, it is critical that you seek legal counsel immediately. Doing so may be the difference between being convicted of a drug crime or having your case dismissed.
Q. What Are Some Of The Defenses To Drug Crimes?
- Some defenses to drug crimes can include the absence or improper execution of a search warrant; failure by law enforcement to give Miranda warnings during a custodial interrogation; entrapment; attacking the credibility of confidential informants; lack of intent, or other elements of the offense; insanity defense; alibi; statute of limitations or mistaken identity.
Q. Is It Possible To Undergo Drug Treatment Instead Of Jail Or Prison If Convicted Of A Drug Crime?
- Drug courts were created to deal with Ohio’s drug crime problems to recognize that prison is not always the best solution to crimes that result from individuals battling drug addiction. As a result, Ohio drug courts permit a judge to emphasize treatment for a drug addict as an alternative to jail or prison.
Q. Do I Need A Lawyer If I Have Been Arrested For A Drug Crime?
- All drug charges are serious, and unfortunately, jail or prison is frequently a sentencing option in drug crime cases. There are very few drug charges where a jail or prison sentence is not a sentencing option. Furthermore, drug charges can carry lasting consequences beyond a jail or prison term. Individuals convicted of a drug offense can often have problems with employment, student funding, academic status, military status, the right to vote, hold public office, community reputation, and a potentially permanent criminal record.
Q. What Is A Drug Defense Lawyer Called?
- An attorney who represents clients charged with alleged drug crimes is called a criminal defense attorney.
Q. How Much Does A Defense Attorney Cost?
- A criminal defense attorney in Ohio will generally charge $150 to $400 per hour. The national average for a criminal defense lawyer is around $250 to 400 per hour. When you select a criminal defense attorney, you will review the payment options and discuss any fees that are associated with the cost of managing your case. These costs are typically paid by an upfront flat rate fee or through a retainer agreement. Depending on the type of case, either arrangement can be ideal for a client seeking criminal defense services.
Joslyn Criminal Defense Law Firm │ Drug Crimes In Cincinnati
If you or a loved one has been charged with a drug crime, contact the attorneys at Joslyn Criminal Defense Law Firm. It is essential to hire an experienced marijuana crimes defense attorney who will make every effort to help you find the best outcome for the charges against you. Contact Joslyn Criminal Defense Law Firm by calling (513) 399-6289 or filling out an online form for a free, confidential consultation.