Drug trafficking charges are among the most serious drug-related offenses prosecuted in Ohio. Unlike simple possession cases, trafficking allegations often expose defendants to more significant penalties and place them at greater risk of felony convictions.
Seasoned criminal defense attorney Colin McNamee understands what his clients have at stake with drug charges. He’s here to explain how these charges work, how they differ from basic possession, and the best defense strategies to utilize in your case.
Drug trafficking offenses are primarily governed by Ohio Revised Code § 2925.03. The statute prohibits various activities involving controlled substances, including:
Importantly, prosecutors do not always need evidence that money changed hands. In many cases, they attempt to prove trafficking through circumstantial evidence. This is one reason trafficking cases often involve complex factual disputes.
Even after the legalization of adult-use marijuana, trafficking allegations remain possible. Ohio’s adult-use cannabis laws, contained in Chapter 3780 of the Ohio Revised Code, do not authorize the sale or distribution of marijuana outside the state’s regulated system.
Because of this facet of the law, many defendants are surprised to discover that conduct they viewed as casual sharing or informal transfers may attract law enforcement scrutiny.
Evidence commonly cited in trafficking investigations includes:
While prosecutors may view these facts as evidence of trafficking, each case must be evaluated based on its specific circumstances. The presence of one or more of these factors does not automatically establish guilt.
A significant portion of trafficking cases originates from searches conducted by law enforcement. Common search scenarios include:
Whether a search complied with constitutional protections is often a critical issue in the defense of a trafficking case. Evidence obtained through an unlawful search may be subject to challenge in court. This gives your legal counsel a number of defense opportunities by challenging the legality of the stop (dependent on the specifics of your case).
Every trafficking case presents unique legal and factual questions. Our firm often examines the legality of the stop itself, whether a valid search warrant was used, and the basic facts of what was discovered during the search. Prosecutors must also prove intent to distribute, which our counsel may also challenge.
Drug trafficking charges should never be taken lightly. A conviction can carry substantial penalties and create long-term consequences that affect employment, housing opportunities, child custody, and more.
Immediately seeking a criminal defense attorney with years of experience in Ohio criminal law can make the difference in your case. Contact McNamee Defense can evaluate the allegations against you, the facts in your case, and explain the legal options available to you. If you need assistance addressing these charges, reach out to us at McNamee Defense today by calling (614) 782-8889 or using our online form.
Facing a sizeable bureaucratic justice system can leave you shaking in your shoes. We’re here to tell you it doesn’t have to. Call 614-782-8889 or email us to schedule your free initial consultation today. We take cases in Columbus and across Central Ohio.