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Cleveland Drug Crime Lawyer

Arrested for a Drug Offense in Ohio?

If you or someone you love has been arrested for a drug crime in Cleveland, Ohio, or in surrounding area, you must seek immediate legal counsel from our Cleveland drug crime lawyers at HMW Law 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. When you choose to work with our team, you can rest easier knowing we:

  • Are available 24/7 to take your call
  • Named to the list of Top 100 Trail Lawyers
  • National Association of Distinguished Counsel – Nation’s Top 1%
  • 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.

Drug Schedules in Ohio

Ohio, like many other states in the United States, follows the federal drug scheduling 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.

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 in 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 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.

Types of Drug Crimes We Handle

Our Cleveland drug crime attorneys have successfully handled all types of drug offenses, including:

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.

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 case is unique, and the applicability of these defenses depends on the specific circumstances and evidence involved. Our legal team at HMW Law can listen to your story, conduct our own investigation, and determine the best strategy for a particular drug crime case.

Why Choose HMW Law

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 are often able to uncover evidence that suggests wrongful arrest, violation of search and seizure regulations, and entrapment.

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