According to several media sources, some lawmakers have admitted to supporting medical marijuana while simultaneously saying they will not vote to pass such legislation. They are afraid, it seems, that it could cost them their seat in the legislature. This despite numbers from in Ohio and other states that say the majority of Americans support medical marijuana.

Ohio is one of many states considering medical marijuana legislation this year while some states are considering the legalization of marijuana altogether. The prevalence of such reform doesn’t seem to be going anywhere anytime soon due to the public’s support of change in the way marijuana is viewed within the legal system.

Currently, however, and until any such laws are passed in Ohio, we continue to penalize marijuana as we always have—as a controlled substance. If you are caught in possession of less than 100 grams, you can consider yourself lucky as you will only face a fine.

If, however, you are found in possession of more than 100 grams (just over 3.5 ounces) of marijuana, the penalties quickly climb. Anywhere from 100 to 200 grams and you will face misdemeanor charges. If you are found with more than 200 grams, however, you will face felony charges.

There are many legal defense options available to people charged with possession of marijuana and even possession with intent to sell the substance. If this is your first run-in with the law, I’m sure you don’t know what you should do. Speaking to an attorney can help you sort through the legal options before you.

If you are facing charges like this in Ohio, contact us today. You need an advocate on your side in court, fighting for your case.

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The Columbus Dispatch recently published a story showcasing just how serious the problem is getting, particularly in the southern regions, including Scioto County. This area of the state is particularly vulnerable due to poverty and the location between bordering states.

As a matter of fact, according to the Dispatch, Scioto County is on the DEA’s “watch list” of the 10 hot spots for medication trafficking.

Drugs like OxyContin, Percocet, and Vicodin are commonly abused prescriptions. They are prescribed legitimately for pain and abused for their narcotic effects. All of these are highly addictive and extremely valuable on the black market.

Many people don’t get help for these addictions because they believe an addiction to prescriptions is manageable. This is far from true when you have a physician as your dealer. For those people who have never had a legitimate prescription for these drugs, obtaining their goods is a risky walk into the criminal underground.

Being caught in possession of prescription drugs without having a prescription in your name can result in felony drug charges and lengthy prison stints. Similarly, if you have a prescription and sell your drugs to others who don’t you can be charged.

Doctors, patients, and addicts are going to jail in record numbers for offenses involving prescription drugs. According to the news, these “pill mills” where prescriptions can be legally obtained by just about anyone are furthering the problem.

When facing drug charges you need an aggressive local defense attorney on your side. Whether your drug of choice is Vicodin or marijuana, the consequences can be life altering. If you or someone you know is facing drug charges of any kind in Ohio, we can help.

Together we will review the evidence against you and work towards the best possible outcome in court. Call today for a free consultation and valuable advice on any Ohio criminal offense.

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The case originated in 2007 when police went into the phone of a suspected drug dealer to verify his contact with an informant. They did this without a warrant and it was ruled to be an unconstitutional search.

The Constitution of the United States protects people against unreasonable searches and seizures in the 4^th Amendment. While many people think of this only applying to homes and vehicles, a search involves access to anything, whether visual or tactile, that is personal property and in which there is an “expectation of privacy”.

Looking at the contents of your cell phone, feeling in your pockets, examining the contents of your glovebox, and peering inside your purse all constitute searches. The property taken from these searches is referred to as the “seizure”. So, if evidence is introduced against you at trial, it must be from a legal search and seizure to be admissible.

The high court’s decision indicates there is a high expectation of privacy when it comes to the contents of a cell phone. And that, even when an arrest takes place, there is no imminent danger present that would warrant an immediate search of the phone.

Because the phone is safe once in police custody, there is no reason that the police cannot obtain a warrant to gain access.

Rulings involving searches and seizures are of high importance in the criminal courts. Many criminal cases hinge on evidence discovered in a search. Whether or not the search was legal is crucial in the outcome of the case overall.

Whether you are facing drug charges or charges of shoplifting, the evidence against you has the potential to make or break the case against you.

Contact us today to discuss your case and the evidence that has been collected. We can examine the arrest, searches, and seizures to ensure your rights were protected from the second you got wrapped up in the legal system.

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According to this report from the Cincinnati Enquirer, federal officials made a bust this past week at a local business netting them 1,000 pounds of marijuana. The bust marks one of several drop points in what the DEA is calling a national drug ring.

The initial movements toward this bust were made with agents from the Drug Enforcement Administration discovered crates possibly containing drugs in commercial shipments in Houston. The crates had several destinations including Atlanta, Toledo, and Cincinnati.

Following the Cinci bound crates, the DEA found them being delivered to a local business, Azteca Stone and Marble on Constitution Drive. On the date of delivery, DEA agents and Butler County Sherriff’s Deputies arrested Kevin Howard after he was seen loading the crates into a white van.

Now being held on federal charges, Howard has the potential of doing some serious time behind bars.

While federal and state drug charges are different and go through a different court system, the results can be potentially life changing no matter who is leading the case against you. For instance, if you are accused of trafficking controlled substances under Ohio state law you could potentially face 1^st degree felony charges.

This means you could be serving a life sentence for drug charges.

While this would be extremely rare, it drives home the point that drug charges are something to be taken seriously, very seriously.

Whether you are looking at charges as simple as possession of marijuana or as serious as transporting heroin, you need an experienced defense attorney on your side, working your drug case to the best of their ability.

In most cases, with drug charges, a good deal of the state’s case against you is counting on their physical evidence. How this evidence is handled from the time you encounter the police until you are seated in court is crucial. There are many opportunities for error on the handling of the evidence and the handling of your arrest.

As your attorneys, we will examine all of the factors surrounding your case. Our experienced defense lawyers will analyze each stage of the process to ensure your rights have been and continue to be protected.

If you are facing criminal drug charges in Ohio, call for assistance today.

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The decision has sent prosecutors across the country scrambling to provide expert forensic witnesses in prosecuting cases that relay on forensic evidence, most commonly drug charges and drunk driving. The impact on typical Ohio drug cases is still in question, but prosecutors are concerned about a significant impact on analysts at Ohio’s Bureau of Criminal Identification and Investigation.

The Marion case is slightly different. There was a lot of critical DNA evidence used in this case, but there was an expert state witness testifying on the value and methods used in gathering this evidence. The difference that has prosecutors concerned in light of Melendez-Diaz is that the expert who testified was not the one who did the analysis of the evidence in this case. A substitute analyst was used since the person who tested the defendant’s DNA was on maternity leave at the time of the trial.

The Ohio Supreme Court ruled on a case in 2007., and concluded that another expert was allowed to testify about another expert’s lab results.  The courts are reviewing the Marion case in to determine whether it violates Melendez-Diaz.

If you are accused of a drug possession or drunk driving case in Ohio, and wonder if the Meledez-Diaz case could be a factor in your Ohio criminal case, please contact us for a free consultation.

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Black tar heroin is the heroin of choice here in Ohio today. Brought in from Mexico and handled largely by cells that originate with powerful Mexican drug cartels, this drug is highly addictive and very dangerous.

This article speaks about one family’s battle with the drug and how it lost one member due to an overdose. Arthur Eisel IV died last year in his mother’s home. Two of his brothers still struggle with addictions to black tar heroin and his mother struggles with losing three sons.

In an interesting though rare case, two men accused of working within one of the supplying sects were prosecuted in federal court for the death of Eisel. They will both serve federal time for manslaughter, though they don’t accept responsibility for causing the death. One believes his conviction serves as a warning to other drug dealers.

Heroin popularity reached a peak in the late 1970s but has been growing again since the mid 1990s. The problem isn’t just here in Ohio, but across the country, affecting common drug epicenters and suburbs alike. This isn’t just a big city drug anymore but one that can reach into the smallest communities.

In a twisted way, for some addicts, being caught can be a blessing. Rather than ending their life like Eisel did, criminal drug charges may lead to treatment and recovery. Heroin is considered a Schedule I drug and is prosecuted very harshly.

If you are facing charges of heroin possession or any other type of drug charge, having an experienced attorney can be a great benefit when you go before the judge. I am interested in learning the details of your case. Call me today for a consultation.

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This report from Ohio.com doesn’t detail how the argument started or what the relationship is between Robert Gibbs and Danielle Riley is, just that when they arrived to the home, Gibbs was backing out of the driveway with a bloodied face and Riley was caught running through backyards with facial injuries.

When the police entered the home they found blood on the porch and the walls. What they didn’t expect to find was nearly 200 marijuana plants.

The plants were in various stages of growth and the police estimated they had a street value of more than $65,000. It is a very good possibility that this discovery is why both parties were caught fleeing from the home when police responded.

Rather than simply facing domestic violence charges, both parties are now looking at very serious cultivating and possession charges. Marijuana is typically the least serious controlled substance to get caught with. That changes, however, when you have 200 plants growing in your home.

Typically, a simple possession charge will only get you a fine and a “minor misdemeanor” charge. However, as the amount in your possession grows to over 100 grams, so too do the potential penalties grow.

With smaller amounts, the courts are more lenient on first time offenders. Having an attorney that knows the local court systems can be beneficial in situations like this. When you call for a consultation we can look at the details of your case together and determine if there is any way to get the charges completely dismissed.

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Ohio wouldn’t be the first state to look at their drug laws and reconsider harsh sentencing practices that have been in use over the past 3 decades. The war on drugs, which according to Collins we have already lost, has resulted in thousands of non-violent offenders being put away for years, further stressing the Department.

In this Columbus Dispatch article, Collins went before state legislators and states that sentencing laws must be re-examined or the state may have to close another prison in 2011 just to keep up with costs and personnel.

Offenders convicted of drug offenses who have no violent criminal history would likely be better served in a community corrections setting involving treatment and probation. Exposing them to the prison system only further hardens them and weakens the overcrowded system.

Currently the legislators are looking at changing the rate and manner at which convicted offenders receive good time (credit for good behavior) in order to shorten the actual length of time they spend behind bars.

Currently, Ohio does have fairly strict drug laws, created to deter and prevent potential drug offenders. In writing these laws legislators attempted to get tough on drug crimes and set an example. Unfortunately, however, incarceration increases the chance of recidivism and these offenders with drug problems are less likely to tackle their addictions while sheltered in a prison with violent criminals.

Facing drug charges and knowing you may end up in one of these overcrowded prisons can be extremely nerve-wracking. If you or a loved one is facing drug charges in the state of Ohio, an experienced attorney can benefit the case in many ways. Call today to discuss the details of your case.

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