Cincinnati Drug Possession & Trafficking Lawyers
Dedicated Representation in the Face of Serious Drug Charges
Both drug possession and drug trafficking are serious criminal offenses in the state of Ohio. The penalties for each offense are harsh, and may include jail or prison time, steep fines, driver’s license suspension, and mandatory community service. A conviction for either of these drug crimes can severely damage your reputation and make it very difficult for you to secure a job, housing, student loans, and more.
If you or someone you love has been arrested for or charged with possession of a controlled substance or drug trafficking, you need a seasoned defense team on your side; you need L. Patrick Mulligan & Associates, LLC. With over 50 years of combined legal experience, our Cincinnati drug possession and trafficking attorneys are prepared to fight for your rights, your future, and your freedom. We represent clients in Hamilton, Brown, Allen, Clermont, Warren, Montgomery, and Butler Counties.
Call now for a free consultation: (937) 685-7006.
Understanding Drug Possession Charges & Possible Defenses in Ohio
Ohio state law defines “drug possession” as knowingly having a controlled substance in your physical possession, either on your person or in a pocket, bag, purse, etc. that is in your possession. Ohio also recognizes “constructive possession,” which is the act of knowingly being aware that a controlled substance is nearby/in close enough proximity to actually possess.
Possible defenses to drug possession, therefore, include:
- The substance in question was not a controlled substance
- Possessing the drug legally (in the case of having a valid prescription or a medical marijuana exception)
- Not knowing that the substance was a controlled substance (no knowledge)
- Violation of Fourth Amendment rights (unreasonable searches and seizures)
- Entrapment (e.g. if a police officer uses coercion to get the defendant to commit a crime)
The penalties for drug possession in Ohio vary greatly depending on numerous factors, including the alleged drug in possession, the amount of drug allegedly possessed, whether or not the defendant has prior convictions, and more. Additionally, if a person is alleged to possess a Schedule I or Schedule II drug (those with a high potential for abuse and with no known medical use in the U.S., but with the exception of marijuana, cocaine, heroin, LSD, and certain others), that person faces aggravated drug possession charges. A conviction for aggravated drug possession typically carries harsher penalties.
Penalties for Drug Trafficking
Because drug trafficking involves the sale, distribution, or transportation of controlled substances—including over state lines—it can be charged as either a state or federal crime.
The penalties for drug trafficking vary widely, depending on various factors, including:
- The type of substance that was allegedly sold, distributed, or transported (Schedule III, IV, and V substances are generally considered the least serious and carry lesser penalties)
- The amount of drugs allegedly sold, distributed, or transported (in general, the greater the amount, the harsher the penalties)
- Whether or not the alleged offense took place near a school or near minors, even if the minors were not involved in the alleged selling, distributing, or transporting of the substance(s)
Drug trafficking may result in misdemeanor charges; however, it is far more common for these offenses to be charged as felonies. Felony convictions carry serious penalties, such as thousands of dollars in fines, months or even years in prison, and suspension/revocation of driver’s and professional licenses.
Contact L. Patrick Mulligan & Associates, LLC Today
The Cincinnati drug possession and trafficking lawyers at L. Patrick Mulligan & Associates, LLC understand the severity of your situation. We are prepared to begin working immediately to build a solid defense on your behalf. Our team can determine if your rights were violated at any point during your arrest or prosecution and, if so, will work tirelessly to right this wrong. We have a proven track record of success and over half a century of combined legal experience. Let our team fight for you.