Cleveland Drug Trafficking Lawyer

Giving Our Clients a Fighting Chance Against the Most Serious Drug Charges

Drug offenses are taken very seriously in Ohio. Even alleged crimes involving marijuana — a substance with widespread support and accepted medical use — can result in felony allegations in our state. However, few drug crimes are considered as serious as trafficking and smuggling. In a state that treats drug paraphernalia possession as a major crime, it’s no surprise that trafficking charges can lead to lengthy prison time and other severe penalties.

If you’re facing these charges or allegations of similar acts, it’s important to speak with a drug trafficking attorney in Cleveland before anything else.

At HMW Law, we’ve seen what can happen to good people involved in drug-related cases. Even trafficking small amounts of marijuana can lead to a fifth-degree felony charge — which can land a person in jail for a year. Outside of having charges dropped or being exonerated, such a relatively minor charge is likely a best-case scenario for someone found guilty of trafficking.

Unfortunately, it’s unlikely that police or prosecutors will go easy on you. If you’re facing any drug charge related to trafficking or smuggling, the legal team at HMW Law will fight to help you avoid serious consequences.

What Are Drug Trafficking Charges in Ohio?

In Ohio, when a person ships, transports, delivers, or prepares a controlled substance for transportation with the intention of having the recipient sell the substance, they can be charged with drug smuggling or trafficking. Punishments for a conviction can include considerable time behind bars and heavy fines, and these penalties can vary significantly based on the circumstances of a case. Unfortunately, Ohio drug laws are not always as straightforward as expected. For instance, being arrested with a large amount of drugs — even if none were trafficked — can still result in an intent to distribute charge.

When most of us hear the term drug trafficking, we envision major drug lords in faraway villas, directing large organizations from afar. Of course, these aren’t typically the individuals who face criminal charges in Ohio. After all, it’s the feds who have to go after these big players — whereas a local officer can arrest Cleveland citizens for local trafficking. If this happens, the prosecution’s case will rely on the state’s ability to prove that the defendant shipped, delivered, transported, or prepared a controlled substance for transportation. If they’re unable to do this, securing a conviction is challenging.

Unfortunately, this doesn’t necessarily mean a positive outcome will be forthcoming. Each Cleveland drug trafficking lawyer at our law firm has seen the state and federal government overcharge defendants in order to secure a plea deal. We’ve seen prosecutors tack on additional charges — or anything they can come up with — simply because they can’t prove the elements of the Ohio drug trafficking law. Put simply, the government is not on your side. If you’re facing drug charges, your first call should be to HMW Law for a free consultation.

What Should You Do After Being Arrested for a Drug Offense?

Allegations of trafficking controlled substances are very serious. However, the way you should respond to these charges is the same way you should respond to any accusation — ranging from homicide to driving under the influence. The criminal justice system works in the same way for every crime.

Charges and penalties may vary, but most people’s journeys through the system take similar paths. Of course, it’s possible to step off this path early — such as with plea deals or having charges dropped — but if you’re arrested for drug trafficking, there are some basic rules you need to remember:

Remain silent and cooperative: You want to remain calm, respectful, and cooperative with the police. However, do not speak with them about the charges against you or grant them consent to search. Exercise your right to remain silent at all times
Understand the charges: Whether you’re facing Cleveland drug smuggling charges or petty theft accusations, you need to understand the charges against you. Ask police what you’re being arrested for, and discuss the specifics of your case with your attorney
Ask for an attorney: There’s a chance that police may want to interrogate you. No matter what they say, they aren’t in the business of helping suspects. Remain silent and request an attorney immediately
Don’t discuss the case: Avoid discussing the criminal charges with anyone other than your attorney. You should even keep silent when it comes to your friends and family. They will be curious, but any information you share (even on jail phone calls) could be used against you in court
Post bail or bond: If the judge grants bail or bond and you can afford to do so, you should secure your release. Your attorney can assist with this, and they may be able to get you out for less or on your own recognizance. Then you can assist with your defense
Preserve evidence: Avoid tampering with evidence, which could lead to further charges. You’ll also want to be careful to safeguard any evidence that could assist in your defense (e.g., text messages, emails, etc.)
Take court seriously: Prepare for any court appearances that are scheduled. Attend all hearings to avoid a bench warrant. Work closely with your attorney to understand the process you’re going through
Let your attorney handle everything: From plea negotiations to crafting a legal defense, your attorney is the person who should be handling your case. Let them guide you through the challenging times ahead
Follow release requirements: If you’re allowed out on bail or bond, comply with all conditions of your release and avoid getting into any further legal trouble

If you stick by these rules, you’ll give yourself a better chance at securing a favorable outcome. Working with a drug crimes defense attorney will likely be in your best interest, but keep these rules in mind even before you speak with a lawyer. After all, a legal professional isn’t going to show up at the scene of your arrest in most cases. Then again, you may have already made some mistakes. The most important thing is to not let these errors snowball out of control and lead you to make further mistakes. Our Cleveland drug trafficking and smuggling lawyers are on standby and ready to assist.

Drug Trafficking vs Drug Smuggling Under Ohio Law

In many instances, people use the terms trafficking and smuggling interchangeably. When discussing Ohio law, you may even hear both terms used as if they’re the same — particularly if you’re accused of smuggling drugs into the state. However, it’s important to understand that these are two different actions — albeit with some overlap.

If you’re facing drug charges related to trafficking, there’s no guarantee that it’s related to smuggling. However, the opposite is not always true. That’s because smuggling is a form of trafficking. Trafficking is the sale, distribution, transportation, or possession with intent to distribute controlled substances. The underlying focus of Ohio statutes is on actions that contribute to the distribution of drugs.

However, drug smuggling is the specific action of illegally transporting drugs across borders — either state or international. Smuggling is not explicitly mentioned in the Ohio Revised Code, but the act itself can result in trafficking charges. After all, the goal of smuggling is to further the distribution of the controlled substance being smuggled.

The primary focus of smuggling is transportation, and this falls squarely into Ohio drug trafficking laws. Therefore, it doesn’t matter what terminology police or prosecutors use after your arrest. Whether you were caught allegedly smuggling drugs or engaged in some other behavior, your best interests will be served by contacting a drug trafficking lawyer in Cleveland.

What Are Ohio Drug Trafficking & Smuggling Penalties?

Penalties for trafficking or smuggling drugs in Ohio depend largely on the type and amount of substance involved. For example, the punishments for smuggling marijuana vary greatly from methamphetamines or heroin smuggling charges. This is sometimes confusing for people, because there are five categories of drugs known as “schedules” — and marijuana is in the same category as heroin and other hard drugs. Still, this is an outdated categorization by the federal government, so most states are more lenient on individuals with marijuana in their possession.

Unfortunately, this doesn’t mean they go easy on persons accused of trafficking drugs. Penalties for trafficking marijuana vary based on the alleged amount that a person was trafficking, and these penalties can include:

Between 200 and 1,000 grams: 6 to 18 months in prison
1,000 to 5,000 grams: 9 months to 5 years in prison
5,000 to 20,000 grams: 2 to 8 years in prison
20,000 to 40,000 grams: 3 to 11 years in prison

Even though marijuana is not a high-risk controlled substance, a conviction for trafficking the drug can still result in more than a decade behind bars. It’s hard to imagine losing this much of your life in federal or state prison because of a substance that has accepted medical uses, but that’s the reality we currently face in America. For those who are charged with trafficking more serious drugs, the potential penalties can be even more drastic.

Put simply, your freedom and future hang in the balance. Working with the drug crime lawyers at HMW Law may be the best decision you make — as our legal professionals can help you understand your rights and how to move forward. Whether you’re charged with misdemeanor trafficking or a first- or second-degree felony, contact us today to discuss your case.

What Circumstances Can Serve as Aggravating Factors in Trafficking?

Envision a scenario where someone is sitting on a park bench, and unbeknownst to them, undercover agents have them in their sights. Imagine an agent approaches the individual and requests anabolic steroids or other illegal controlled substances. If the individual in question can provide these drugs or assist the agent in accruing them, they will likely be arrested. In a best-case scenario, they’ll face a low-level distribution charge — but felony trafficking is also possible. If all this wasn’t bad enough, picture a scenario where this entire event unfolded in a park with children present.

Even if the children were never in any danger, this can serve as an aggravating factor to the charge. Such a situation can worsen the potential penalties even for an already serious first-degree felony drug charge. In fact, there are a variety of aggravating factors that can increase the severity of the charges against a person:

Trafficking in a school zone
Crimes involving juveniles
Possessing larger quantities of drugs

Each of these aggravating factors can increase penalties and heighten charges. What would have been a second-degree felony trafficking charge could suddenly be thrust into the first-degree category. In addition to increased prison or jail time, those convicted with aggravating factors often face tens of thousands of dollars in fines. For this reason, some people consider accepting a plea deal. After all, the prosecutor might claim that the case is “open and shut,” and defending drug charges with a legal professional can result in sometimes significant legal fees.

However, you should never forget that the price of a conviction is often far more costly than what a lawyer costs. At HMW Law, we’re here to work with you. Whether you’re facing drug charges in state or federal court, our dedicated legal team can review your case and explain your options. Contact us today for a free, no-obligation consultation. You deserve a better understanding of what you’re up against.

Can Other Drug Crimes Be As Serious As Trafficking?

Many people believe that drug trafficking is the worst of the worst when it comes to Cleveland drug charges. However, this isn’t necessarily true. It really comes down to the type of charges a person is facing. For instance, being arrested for trafficking small amounts of marijuana might result in a misdemeanor charge. Now consider someone else who is arrested for possession of cocaine, one of the many Schedule II drugs that can result in heightened charges. Merely possessing small amounts of this drug can result in a felony charge.

Simply put, the specific crime matters less than how charges are brought forth in the prosecution’s case. A fifth-degree felony charge will always be more detrimental than a misdemeanor — regardless of whether one crime is charged as trafficking and another isn’t. In reality, there are several offenses that are considered more serious than trafficking — particularly when trafficking is charged as a lower level crime:

Drug manufacturing
Aggravated drug possession
Corrupting another with drugs
Drug possession near schools or juveniles
Engaging in a pattern of corrupt activity (RICO charges)
Major Drug Offender (MDO) charges

Of course, such charges are not always separate from each other. Anyone charged with drug trafficking or smuggling could easily face allegations of these other offenses. In some cases, the prosecutor may actually believe the alleged series of crimes took place. In other instances, they may be overcharging in order to secure a better position during plea negotiations. Regardless of the underlying motivation, any criminal offenses related to controlled substances — particularly trafficking them — will have serious penalties if a conviction isn’t avoided.

At HMW Law, we’ll fight to help you achieve this goal. Contact us today for a free consultation. You deserve a dedicated and experienced defense team, and that’s precisely what you’ll find at our law firm.

Should You Accept a Plea Agreement?

Drug trafficking is one of the most severe criminal allegations that a person can face. However, it’s not always the case that the prosecutor will work to secure maximum penalties. In many cases, this is because they’re unsure whether they have the evidence for a conviction — and in other situations, they may simply want to avoid the time and energy that a trial requires. Regardless of the specifics, there’s a good chance that the prosecution will offer a plea deal. They will frame it as a great opportunity for you, but you should greet this claim with skepticism.

Did you know that the majority of Ohio drug charges never end up at trial? Most cases are resolved with plea deals. In fact, this is true for upwards of 95% of all criminal cases. Clearly, accepting a deal is the right decision in some cases — but there’s no doubt that such deals greatly overrepresent the number of guilty people who actually enter the criminal justice system. In many instances, scared defendants merely accept a plea deal because the prosecution claims that their situation will be worse off if they take the case to trial.

Therefore, you should never accept a plea deal without first speaking to a drug trafficking lawyer in Cleveland. An experienced defense attorney can review the allegations, gauge the strength of the prosecution’s case, and decide whether a plea deal is the best option in your situation. If it is, they may be able to get charges reduced or minimize the penalties you’ll face. However, it’s also possible that they could have the case thrown out or fight in court to secure a not-guilty verdict. The course your case will take may vary, but an experienced legal professional can help pinpoint the right path for you.

What Are the Best Legal Defenses for Ohio Drug Trafficking Charges?

Are you facing first-degree felony charges? Was the prosecutor only able to get enough evidence for misdemeanor charges? Perhaps you’re somewhere in the middle — facing third-degree felony trafficking charges. Regardless of the specifics, there are various legal defense strategies that may help you avoid a negative outcome.

Lack of Knowledge or Intent

Prosecutors must show that a person charged with drug trafficking was knowingly in possession of controlled substances and intended to sell, distribute, or further the cause of distribution. Showing a lack of awareness or a lack of intent to distribute can serve to upend the prosecution’s case.

Insufficient Evidence

If the prosecutor doesn’t have enough evidence to prove trafficking, then the accused should not be convicted. Even if they were found with drugs, other elements must be proven for a trafficking conviction. If they don’t, you might end up with little more than a Schedule III or Schedule IV possession charge — or have the case dismissed entirely.

Entrapment

When a person is charged with a crime, it has to be because they willingly engaged in a criminal act. This must be their own decision. Entrapment occurs when police induce someone to commit a crime that they otherwise would not have committed. Undercover officers sometimes pressure or coerce their targets into committing illegal acts. If this occurs, the charges against you may be thrown out.

Illegal Search and Seizure

Have you heard of probable cause? What about Fourth Amendment protections — or illegal stops? Fortunately, you don’t have to be well-versed in these rights to take advantage of them. Police have requirements they have to abide by when stopping a suspect, detaining them, and searching their property. A simple oversight or purposeful violation can result in evidence being thrown out.

Challenging the Evidence

It’s important to never take the prosecution’s evidence or claims at face value. Unfortunately, judges and juries often do. This means it’s up to you and your defense attorney to challenge the evidence being used against you. Successful defense strategies frequently question the chain of custody of evidence, test the substances recovered to ensure they’re actually illegal, and even dispute the amount of drugs that are claimed to have been found. Any of these tactics can result in reduced or dropped charges.

Mistaken Identity or False Allegations

Did you know that eyewitness testimony is one of the most unreliable forms of evidence in a criminal case? Humans highly overestimate their ability to remember faces and events. Therefore, it’s not uncommon for individuals to be wrongfully accused due to a case of mistaken identity. Even worse, it’s sometimes the case that false allegations lead to criminal charges. Proving these elements can destroy the prosecutor’s case.

Other Legal Defenses

To be clear, there is no exhaustive list of potential legal defenses to drug crimes in Ohio. Even when considering the following potential strategies, no online resource can point out every single defense that’s available to defendants in Ohio and federal courts:

Police misconduct
Crime committed due to coercion or duress
Violation of Miranda Rights
Valid medical marijuana cards
Lack of actual or constructive possession

The main takeaway from this is that there’s no such thing as an “open and shut” case for the prosecution. Let a Cleveland drug trafficking attorney review your case and help you understand your options. Police and prosecutors are not going to divulge the shortcomings of their case, and in some instances, they may push forward even knowing that their case isn’t very strong. That’s why you need a seasoned and experienced lawyer on your side to build a proper legal defense.

Contact HMW Law today. We’ll work hard on your behalf.

Why Should We Be Your First Choice for Drug Crime Charges?

If you’re in need of a criminal defense attorney — even for something as serious as drug trafficking and smuggling — there’s no shortage of legal professionals in Ohio willing to help. If you type Cleveland drug crime lawyer into Google, you’ll find dozens of law firms across thousands of pages. Of course, some of these firms only focus on less serious charges — such as minor drug possession — but there are still plenty of firms to choose from that say they handle trafficking allegations. So, what makes our law firm stand out among others?

At HMW Law, we have been handling cases just like yours for decades. We don’t shy away from a tough fight in court and always go above and beyond when it comes to protecting our clients’ futures. We consistently secure favorable results for the criminally accused throughout Ohio, demonstrated by our selection to the Top 100 Trial Lawyers by The National Trial Lawyers Association. Whether you’re facing a minor misdemeanor or a first-degree felony drug charge, our team of legal professionals is ready to review your case and help you understand your options.

If you’re charged with drug trafficking in Cleveland, prosecutors are unlikely to go easy on you. Even if you don’t have prior convictions and your role in a crime was minimal, they’ll want to make an example of you. This means serious penalties even for the least serious charges. Fortunately, you don’t have to go into this battle alone. With decades of experience in drug cases, you can rest assured that our attorneys have the experience and dedication to assist. Contact us now for a free consultation.

Contact a Cleveland Drug Trafficking Lawyer Today

Between court costs, fines, prison time, the loss of certain rights, and other consequences of a conviction, being charged with drug trafficking in Cleveland can be a costly endeavor. Fortunately, you have rights during this process that cannot be taken. You have a right to a strong legal defense, no matter what you are being accused of. And even if you are found in possession of drugs, police must follow certain procedures when obtaining evidence against you. If they did not have a warrant or probable cause to search you, any evidence found could be dismissed in court.

At HMW Law, our Cleveland drug trafficking attorneys understand what you’re up against. While it’s sometimes possible to have a case thrown out due to mistakes on the part of police officers, this will not always be an option. However, there are other potential defenses that could result in a positive outcome for those charged with serious crimes. In some instances, trafficking charges can be reduced to drug possession — and in other situations, charges can be dropped altogether. And if taking your case to a jury is necessary, our trial lawyers are ready to help.

Contact us at (216) 369-1352 for your free consultation. We can’t guarantee that the road ahead will be easy, but we can promise that our Cleveland drug trafficking lawyers fight aggressively to secure the best possible outcomes for all of our clients.

Drug Trafficking Attorney in Cleveland