Cleveland Drug Crime Attorney

Dedicated Advocates, Protecting the Rights of Our Clients

Being charged with any criminal act creates a stressful and challenging situation. However, few allegations are considered as serious as drug crimes. Certain charges (e.g., drug trafficking, Schedule I drug possession) can result in more than a decade behind bars — and this is if there are no aggravating factors involved. If you or someone you love has been arrested for a drug crime in Cleveland, Ohio, or in the surrounding area, it’s crucial for you to contact our Cleveland drug crime lawyers right away. The penalties associated with any type of drug crime could have lifelong consequences.

As one of Ohio’s most reputable criminal defense law firms, our Cleveland drug crime attorneys can analyze your case and determine the next course of action to take. Our law firm has handled various levels of drug-related cases, ranging from simple possession to manufacturing. When you choose to work with our team, you can rest easier knowing we:

Are available 24/7 to take your call
Have been named to the list of Top 100 Trial Lawyers
Are recognized National Association of Distinguished Counsel – Nation’s Top 1%
Have an Avvo rating of “Superb” – Recipient of Client’s Choice Award

If you or a loved one was accused of a drug crime, call our Cleveland drug crime lawyers today at 216-369-1352. We are ready to put our experience, skill, and knowledge to work for you.

What Are the Drug Schedules in Ohio?

Ohio, like many other states in the United States, follows the federal controlled substance schedule system created by the Controlled Substances Act (CSA). The CSA categorizes drugs into five schedules based on their potential for abuse, medical use, and safety or dependency risk. Under both state and federal drug laws, there is no belief that “a drug is a drug.” Even if two people are arrested for the same crime and have the same amount of narcotics on them, the drug involved can result in substantially different sentences.

Here’s an overview of the drug schedules in Ohio:

Schedule I: These substances have a high potential for abuse, no currently accepted medical use or treatment in the United States, and a lack of accepted safety for use under medical supervision. Examples include heroin, LSD, ecstasy, and marijuana (federally classified, though some states have legalized its medical or recreational use).
Schedule II: Drugs in this category also have a high potential for abuse but have currently accepted medical uses with severe restrictions due to their potential for addiction. They may lead to severe psychological or physical dependence. Examples include morphine, methamphetamine, oxycodone, and fentanyl.
Schedule III: These drugs have a moderate to low potential for physical and psychological dependence but have accepted medical uses. Abuse potential is less than Schedule I or II drugs, but it still exists. Examples include anabolic steroids, some barbiturates, and ketamine.
Schedule IV: Substances in this category have a lower potential for abuse compared to the ones in Schedule III. They have currently accepted medical uses and limited potential for dependence. Examples include Xanax, Valium, and certain other tranquilizers.
Schedule V: These substances have the lowest potential for abuse among the controlled substances and have currently accepted medical uses. They consist of preparations containing limited quantities of certain narcotics. Examples include cough preparations with codeine.

These schedules influence how drugs are regulated, prescribed, and handled legally. Penalties for the possession, distribution, or manufacture of controlled substances can vary based on the schedule and quantity of the substance involved. Of course, potential penalties can also vary based on whether you’re accused of state or federal drug crimes. Regardless of the situation you find yourself in, it’s important to have experienced legal representation at your side. At HMW Law, our experienced Cleveland drug crime lawyers are ready to help.

What Types of Drug Crimes Do We Handle?

Whether you’re facing drug charges brought forth by local authorities — or the Drug Enforcement Agency (DEA) has become involved — we can assist in building strong defense strategies. Keep in mind that no drug charge should be considered “minor.” Even if your charges are listed as a minor misdemeanor — which means no jail time and a small fine — the reality is that conviction on a drug charge will follow you for the rest of your life.

Our Cleveland drug crime attorneys have successfully handled all types of drug offenses. These include:

Drug Possession

Possession is one of the most common drug charges seen in the criminal justice system. It’s incredibly rare that a defense attorney will have not taken on one of these cases — unless they actively avoid them. Under Ohio law, penalties vary based on a variety of factors. For instance, small amounts of marijuana possession may result in no jail time and a small fee. However, possessing large amounts of Schedule I drugs can result in more than a decade behind bars — along with tens of thousands of dollars in fines.

Drug Trafficking and Smuggling

Trafficking/Smuggling is on the more serious side of the drug crimes spectrum in Ohio. Like possession charges, the potential penalties for these charges will vary depending on the type of drug involved. This is true whether it’s the state or federal government coming after you. These charges are always felonies, but the circumstances of your case will dictate which degree of felony. A felony of the 5th degree can result in up to one year in jail, but a 1st-degree felony could land someone in prison for up to 11 years.

Distribution

When someone is accused of delivering, selling, or unlawfully providing controlled substances, they will likely face distribution charges. Distribution typically falls under other drug crimes, but the terminology used means little when you’re facing a serious drug charge. This is another situation where the person accused of a crime could face up to a decade or more in prison. Defending drug charges in a court of law is always tricky, but when a person is charged with distribution, it’s typically because the prosecutor believes they have a solid case. You need a Cleveland drug crime attorney on your side to mount a solid defense.

Drug Manufacturing

Manufacturing is the act of producing an illegal drug. This could range from growing marijuana in a sunroom to running a massive meth lab. The illegal manufacture of controlled substances is a serious crime — regardless of the substance involved. However, this is yet another situation where certain drugs will result in more serious penalties. The least serious of these charges is still a felony that could result in a year in jail. Those facing more serious accusations could end up behind bars for 11 years with $20,000 in fines. Such penalties can increase based on circumstances.

Possession With the Intent to Sell

Possession of drugs is already a major charge that can derail a person’s life. Unfortunately, things get much more serious if police or prosecutors believe that the defendant intended to sell the substances allegedly in their possession. Possession with the intent to sell enhances the potential penalties that a person could face. This charge is often linked to claims that a person had certain items (e.g., scales, little baggies) or a large amount of the substance in question. Even if a person only has marijuana, they could face felony drug charges.

Possession of Drug Paraphernalia

Possession of drug paraphernalia is a broad category that involves possessing materials or equipment used for drug use, production, and distribution. This is usually a misdemeanor charge, but potential penalties vary based on the circumstances of the allegations against an individual. Additionally, prosecutors may opt for a more serious crime charge — possessing drug abuse instruments — when they feel doing so is appropriate. Of course, the threat of increased charges is also a common plea negotiation tactic. This is why you should have a Cleveland drug crime lawyer on your side.

Possessing Drug Abuse Instruments

One might assume that possessing any type of apparatus for using controlled substances would result in the same charges and penalties. However, this is not the case. Drug paraphernalia charges usually relate to bongs, pipes, and a broad range of drug-use items. However, possessing drug abuse instruments typically relates to syringes and needles — and conviction can result in more serious penalties than those for paraphernalia possession.

Possession of Marijuana, Cocaine, Heroin, Crystal Meth, or Ecstasy

Possession of marijuana, cocaine, heroin, crystal meth, or ecstasy all fall under the umbrella of drug possession. However, these are considered Schedule I controlled substances. Marijuana charges will typically result in lesser sentences, but the other drugs contained on this list could be charged as a first-degree felony. This will result in substantially more time in prison than a fourth or fifth-degree felony — which could still land someone in jail for a year or more. First-degree felony charges can result in up to 11 years, and this is if there are no serious aggravating factors or additional charges.

What Should You Do If You’re Arrested?

If you’re accused of a crime involving illegal drugs, every action you take will have an effect on your case. This starts immediately upon your arrest — even before then, once you’ve been detained. Whether a local officer has pulled you over or federal agents are raiding your property, the basic steps for what to do when you’re accused of drug crimes are essentially the same. If you follow these steps, you’ll give yourself the best opportunity to secure a positive outcome:

Remain calm and compliant: You won’t win a debate or constitutional argument with an officer of the law when you’re being detained. Even if they’re clearly violating your rights, getting aggressive or non-compliant will not result in your release. If anything, it will make things more difficult. Remain polite and do not resist — even if you’re 100% innocent
Exercise your right to remain silent: The right to remain silent isn’t simply something that exists on police television dramas. The Constitution says that you do not have to answer any questions you don’t want to. This is true whether you’re on the side of the road during a traffic stop or sitting in the courtroom at the defense table. Speaking with the police will rarely do you any favors
Never consent to searches: There are strict requirements that must be met for law enforcement to search you or your property. These requirements are sometimes difficult to meet, but this means little if you consent to a search. If you allow police to conduct a search, you won’t have many options for challenging evidence against you later
Contact an attorney: Speaking with a Cleveland drug crime lawyer may be one of the most important things you do when charged. If you can’t afford one, a public defender will be assigned to you. However, statistics consistently show that these professionals are overworked, underpaid, and unable to handle their caseloads. You need a private attorney who can dedicate attention to your case
Understand the charges against you: Once you’re booked, the police will formally charge you. Request a detailed list of the charges you’re facing along with the specific law you’re accused of violating
Post bail whenever possible: It’s very likely that the judge will set bail conditions. If this occurs, do yourself a favor by posting bail immediately. This will get you out of jail and allow you to meet with a Cleveland drug crime attorney
Prepare for court: When you go to court, it’s important to have a solid defense strategy. Keep all documentation along with any evidence you’re able to collect. If you have an attorney — which ideally, you do — they can guide you through this process

Once you’re arrested for drug possession or similar crimes, the deck is essentially stacked against you. The prosecutor will want to make an example of you, and this means they’ll often aim for the maximum sentence. Police work with the prosecution to secure such an outcome, so it’s important for you to have someone on your side as well. Reach out to a Cleveland criminal defense attorney. One simple call may be the most important thing you do.

What Are Common Legal Defenses Against Drug Charges?

A legal defense is an argument or strategy used by the defendant (or their legal counsel) in response to criminal charges brought against them. It’s aimed at challenging the prosecution’s case or mitigating the defendant’s culpability. Legal defenses aim to demonstrate that the defendant should not be held criminally responsible for the alleged actions or that the charges should be dismissed or reduced. Drug charges have severe consequences and harsh penalties, but with the proper defense strategies, it’s possible to avoid negative outcomes.

Here are some common defenses against drug charges:

Illegal Search and Seizure: The Fourth Amendment protects against unreasonable searches and seizures. If law enforcement obtained evidence through an illegal search (without a warrant or probable cause) or seizure, that evidence might be deemed inadmissible in court.
Lack of Possession or Knowledge: The prosecution must prove that the accused knowingly possessed the illegal substance. If a person was unaware of the presence of drugs or did not have control or ownership over them, it can be a defense.
Unlawful Entrapment: If law enforcement induced someone to commit a drug-related offense they wouldn’t have otherwise committed, it could be considered entrapment. This defense argues that the person wouldn’t have engaged in the crime if not for the pressure or inducement by law enforcement.
Procedural Violations: Violations of procedural rights, such as Miranda rights or the right to counsel, can lead to the exclusion of evidence or the dismissal of charges.
Medical Necessity or Prescription: If the accused had a valid prescription or was using the drug for medical necessity, it might be a defense against certain drug charges.
Crime Lab Analysis Issues: Challenging the accuracy of crime lab analyses or testing methods used to identify substances can be a defense strategy.
Duress or Coercion: If someone was forced, threatened, or coerced into possessing or distributing drugs under fear of harm or injury, it can be considered a defense.
Mistake of Fact: A genuine mistake about the nature of the substance or the legality of the actions could be a defense. For instance, if someone reasonably believed the substance was legal or not a controlled substance, it might mitigate charges.
Chain of Custody Issues: Ensuring proper handling and documentation of evidence from the time of seizure to trial is critical. Any breaks in the chain of custody might lead to the evidence being considered unreliable or inadmissible.

Each drug crime case is unique, and the applicability of these defenses depends on the specific circumstances and evidence involved. Our drug crimes defense attorneys at HMW Law can listen to your story, conduct our own investigation, and determine the best strategy for a particular drug crime case. Regardless of the circumstances of your drug case, we’re ready to review the charges against you and help you build a solid legal strategy. Contact us today for your free consultation. You’re not obligated to accept our legal help after a consultation, but once you speak with us, we believe you’ll recognize our dedication and commitment.

Why Choose HMW Law?

Whether you’re facing serious or minor drug-related crimes, you’ve got plenty of options when it comes to Cleveland drug crime lawyers. A simple Google search will prove this. However, the legal professionals at HMW Law honestly believe that we’re the right choice for most individuals facing drug charges. No case is too big or too complex for our legal team. Leveraging several decades of collective legal experience, our Cleveland drug crime attorneys are equipped and ready to assist you through any type of drug crime charge.

Due to our meticulous pre-trial preparation and investigation, we can often uncover evidence that suggests wrongful arrest, violation of search and seizure regulations, and entrapment. Police and prosecutors want you to handle your case alone. They know that a person without an attorney is easier to scare, and scared people make decisions that may not be good for them in the long term. Whether it’s the state or federal government coming for you, facing off against government agencies can be terrifying. Fortunately, you don’t have to do this alone.

Our nationally recognized law firm is dedicated to securing the best possible outcome for each of our clients. Don’t hesitate to reach out to us today.

What Other Penalties Could a Conviction Result In?

When looking at the potential prison terms and fines related to drug crimes in Ohio, one might think that they’re facing the worst possible outcome. However, these are far from the only potential penalties that a person can face. In fact, instances involving minor drug crimes could have consequences worse than potential jail time — especially since jail time is frequently not a possible result. Certain legal, administrative, and personal outcomes could follow you for a long time.

For instance, did you know that some convictions carry a mandatory driver’s license suspension? As if a criminal record wasn’t bad enough, does the state now want to remove a person’s right to drive? This can be devastating on its own. Convicted individuals could also face property forfeiture, suspension or revocation of professional licenses, court costs, probation, and more. Of course, these are just the potential legal and administrative outcomes — and that’s not where this stops.

A criminal record doesn’t just go away. Even after a person serves their time, pays all fines, and completes any court-required activities, their conviction is still on the public record. People have found it nearly impossible to find housing, schooling, employment, and even romantic relationships after being convicted of drug crimes. It’s not easy to hide a serious charge in a world where everything is online. The best way to do so is to avoid a conviction, and a Cleveland drug crime lawyer may be able to help.

Should You Just Accept a Plea Deal?

Many people are surprised to learn that most individuals charged with crimes never have a trial. This is true even for those who end up in jail. That’s because the majority of criminal cases are resolved with plea deals. This usually occurs when the prosecutor offers some form of leniency in exchange for a certain plea deal. For instance, the prosecution might offer to reduce possession with intent to distribute charges to possession if the defendant pleads guilty. They’ll convince the individual that this is in their best interest and that a refusal will typically result in more serious penalties.

There are some cases where a plea deal is the right decision. However, these cases are far less common than state or federal prosecutors would have you believe. The reality is that the court system could not possibly handle the full caseload of individuals charged with crimes. If every defendant in Ohio suddenly pleaded not guilty and requested a trial, the entire system would screech to a halt. That’s why prosecutors are so focused on securing a plea deal. In fact, this focus often leads them to overstate the strength of their case or use dishonest tactics.

If you’re facing drug charges, it’s likely in your best interest to have a criminal defense lawyer review your case and handle plea negotiations on your behalf. Prosecutors aren’t going to scare or trick experienced attorneys into accepting an unfair deal. It’s possible that your lawyer will be able to secure an improved negotiated outcome, or in some instances, they can have the charges against their clients reduced or dismissed altogether. While a plea deal may be the right decision in your case, you should never trust that the prosecutor is being fair. Let an attorney handle this process on your behalf.

Contact a Cleveland Drug Crime Lawyer Today

When someone is charged with a serious drug crime, all that needs to be established is reasonable doubt to achieve a positive outcome. Unfortunately, this can sometimes be an uphill battle. Prosecutors will do everything in their power to scare a defendant into accepting a plea deal. While most cases are resolved with such deals, it’s important to remember that plea negotiations are not always in a person’s best interest. You need a dedicated legal advocate who will review your case and fight to secure the best possible outcome under the circumstances.

At HMW Law, that’s exactly what you’ll find. Whether you’re facing a minor misdemeanor or first to second-degree felony charges, we’ll work hard to make sure your life doesn’t face disruption. Terms like “mandatory prison time” and “sentence enhancements” are often thrown around to scare those facing criminal allegations. However, you don’t have to fall for such scare tactics. In fact, our law firm is ready to handle all the heavy lifting on your behalf. When you need an experienced Cleveland drug crime lawyer on your side, you only need to make one call.

Contact us today for your free consultation. Even if you decide not to hire our firm, speaking with a criminal defense lawyer can be incredibly useful to your case. We’re here to help.

Do not wait to get the help you need with a Cleveland drug crime lawyer. Contact us today by calling 216-369-1352!