Drug Violations Attorney

Drug Crimes Lawyers In Bellefontaine, OH

Are you facing drug charges in Ohio? If so, you’re probably worried about the consequences that conviction could have on your reputation, your finances, and your freedom. Prosecutors in Ohio treat drug crimes very seriously, and they work hard to get convictions. But while the stakes are indeed high, help and support are just a click or phone call away. Contact McNamee Defense for an initial case evaluation with a Columbus drug crime defense lawyer, and let’s discuss your options in detail.

Attorney Colin McNamee has dedicated his 15 year-plus legal career to providing effective legal representation. Some of his most successful outcomes never made a headline or came to public attention. He understands the importance of a discrete approach to advocacy that strives to avoid uncertainty and relieve his client’s stress.

Why Choose a Drug Defense Lawyer from McNamee Defense?

A criminal prosecution for drug charges can have devastating consequences for your reputation and future. As such, your choice of legal representation is one of the most important decisions you may make in your case. 

Here’s why you should turn to McNamee Defense for the aggressive, results-focused advocacy and advice you need during this challenging time:

• Our firm provides aggressive and discreet legal representation for individuals facing drug charges. We work diligently to protect our clients’ rights and ensure their cases receive the effort they deserve.
• We focus on the facts, eliminate unnecessary delays, and vigorously pursue solutions that serve our clients’ best interests. We value their reputations, freedom, and livelihoods as much as they do.
• Attorney Colin McNamee has years of experience in complex criminal cases, having developed a reputation for compassionate, understanding legal advocacy and service. His detail-oriented approach includes intensive investigation and diligent preparation to ensure every client has the most robust defense possible.

Types of Drug Cases We Handle

At McNamee Defense, our legal team represents clients facing drug charges such as:

• Drug trafficking: In Ohio, a person engages in drug trafficking if they sell or offer to sell drugs, prepare drugs for transport/distribution, or distribute drugs.
• Drug manufacturing: Ohio law makes it illegal for a person to knowingly cultivate marijuana or manufacture controlled substances or any part of a controlled substance, including the components of Methamphetamine.
• Drug possession: A person may commit a crime if they knowingly possess, obtain a controlled substance.
• Possession of drug paraphernalia: Ohio defines drug paraphernalia as any equipment, product, or material intended, used, or designed for use in cultivating, growing, harvesting, manufacturing, compounding, producing, processing, preparing, testing, analyzing, packaging, storing, containing, concealing, injecting, ingesting, inhaling, or consuming drugs.

If you’ve been charged with violating Ohio drug laws, contact our firm to discuss your charges and see how we can help you seek a favorable outcome for your criminal case.

Penalties for Drug Violations

In Ohio, penalties for drug violations under state law vary depending on factors such as the nature of the offense (e.g., trafficking, manufacturing, or possession) and the type and quantity of drugs involved. These factors determine the degree of offense or the specific sentencing range applicable to an offense following conviction. The seriousness of drug violations ranges from misdemeanor to a first-degree felony.

Standard felony sentencing ranges include:

• First-degree felony : Three to 11 years and a possible fine of up to $20,000
• Second-degree felony : Two to eight years and a possible fine of up to $15,000
• Third-degree felony : Nine to 36 months and a possible fine of up to $10,000
• Fourth-degree felony : Six to 18 months and a potential fine of up to $5,000
• Fifth-degree felony : Six to 12 months and a potential fine of up to $2,500

Drug convictions also impose additional consequences for defendants. For example, a drug offense can disqualify offenders from various government benefits. Drug convictions can also have immigration consequences for non-citizens. Finally, a drug conviction will result in a criminal record that can have a long-lasting stigma that may make it challenging for an individual to pursue housing, employment, or educational opportunities for years after their offense.

Defenses to Drug Charges

Defendants charged with drug violations may pursue various defense strategies to seek a reduction or dismissal of their charges or an acquittal at trial. 

Common defense strategies in drug cases include:

• Lack of possession : Defendants may contest drug charges by arguing that they did not have actual (physical) or constructive (control) possession of drugs or that the seized drugs belonged to someone else.
• Lawful possession : A defendant found possessing prescription drugs may present evidence of a valid prescription authorizing their possession at the time of the alleged offense. 
• Challenging the drug quantity : Defendants may seek to reduce their sentencing exposure by arguing that the evidence does not support attributing the alleged quantity of drugs to the defendant.
• Challenging the identification of the substance : A defendant may assert that prosecutors failed to confirm the nature of the seized substance through laboratory testing and thus cannot prove that the defendant possessed illegal controlled substances.
• Unlawfully obtained evidence or statements : Defendants may file motions to exclude drugs and other evidence, such as the defendant’s statements to police, arguing that police and prosecutors obtained such evidence or statements through an unlawful search that lacked probable cause or a custodial interrogation where investigators failed to advise the defendant of their rights before questioning.

Defendants charged with qualifying drug offenses may also pursue admission to Ohio’s drug courts as a legal strategy for resolving their charges. Drug courts focus on rehabilitation and supervision of drug-addicted offenders, helping them address their substance abuse issues rather than imposing incarceration to reduce the risk of future drug violations.

Intervention in Lieu of Conviction (ILC)

Defendants with minimal, or no prior criminal history may be eligible to seek Intervention in Lieu of Conviction (ILC) provided they meet certain conditions, including:

• Drugs/alcohol abuse or mental health issues were a factor leading to the offense
• The defendant has not previously been convicted of a felony or engaged in an ILC program
• The defendant is charged with a felony that could result in community control sanctions (probation), but the crime is not a first, second, or third degree, or an offense of violence
• The defendant is willing to comply with the terms of the ILC program

After undergoing an assessment of their drug/alcohol abuse or mental health condition, the defendant agrees to plead guilty, at which point the court may grant a motion of Intervention in Lieu of Conviction. ILC programs are supervised under the usual conditions of community control and have the goal of reducing recidivism by helping probationers address the underlying conditions that led to their offenses.

How Can an Attorney Help with Your Drug Case

Facing prosecution for a drug offense can be stressful and overwhelming. Obtaining legal representation can help relieve the anxiety and stress of worrying about the possible outcome of your case. 

A criminal defense lawyer from McNamee Defense can help you navigate your drug charges to obtain a favorable outcome by:

• Independently investigating your charges to obtain all available evidence since police and prosecutions won’t look for evidence favorable to your case
• Reviewing the facts and circumstances of your case to determine what defenses you may have available to you or your legal options for avoiding the harshest consequences of a conviction
• Explaining your charges to help you understand your case and the potential outcomes so you can make informed decisions
• Determining your eligibility for diversion programs or alternative sentencing, such as Intervention in Lieu of Conviction (ILC)
• Preparing you for what to expect at each stage of prosecution to take the stress of your case off your shoulders
• Challenging the prosecution’s case at every step, including moving to exclude evidence that police unlawfully obtained or to dismiss your charges for lack of evidence
• Vigorously pursuing the best possible resolution to your charges under the circumstances of your case, whether that involved a favorable plea deal or taking your case to trial to fight the prosecution’s case and advocate your innocence

Contact Our Firm Today to Discuss Your Options for Resolving Your Charges

If you’ve been charged with drug offenses in Ohio, don’t leave the outcome of your case to chance. You deserve dedicated legal advocates who will fight to protect your rights and interests. Contact McNamee Defense today for a confidential consultation with our legal team to discuss your drug charges with an experienced Columbus drug crime defense attorney. Our firm serves all of Ohio, with two law offices located in Central Ohio. One in Bellefontaine and one in Columbus.