Akron Drug Crimes

Drug Offenses We Handle in Akron, OH

Erb Legal accepts many types of drug-related crimes, including:

• Possession of drug paraphernalia
• Marijuana-related crimes
• Possession of heroin and other Schedule I drugs
• Drug possession of a controlled substance
• Drug trafficking
• Drug cultivation and manufacturing
• Corrupting another with drugs
• Permitting drug abuse
• Tampering with drugs
• Illegal use of prescription drugs
• Obtaining drugs by deception

Drug crimes in Akron range from low-level misdemeanors to felonies with the potential of life imprisonment.

How Can a Drug Crimes Lawyer Help You?

Although you are entitled to a public defender, hiring a private drug crimes attorney can be beneficial. Public defenders are well-versed in the law, but their heavy caseloads mean that they have little time to spend on your case. There are also limited resources available to investigate your case if you were falsely or wrongly arrested.

Our drug defense lawyers at Erb Legal have the time and resources to provide personal attention to every client. We will help you understand Ohio drug laws and all of your options, from advising you on a plea deal to defending you in court.

Experience and Empathy

The attorneys at Erb Legal have significant experience working with drug cases:

• We know how to use evidence against the prosecutor’s allegations.
• We will work to get critical evidence that supports your charges excluded or suppressed.
• We often file motions to dismiss your case entirely.

Our goal is to protect your rights and preserve your freedom. We also understand that facing drug charges is stressful. Your case is assigned to an attorney who stays in contact with you and answers your questions.

Here are a few reviews from Erb Legal clients about their experience working with us.

Penalties for Drug Charges in Ohio

Since drug charges can range from misdemeanors to felonies, the penalties range as well. A drug charge would be categorized depending on its type and quantity.

For example, a small amount of non-prescribed Xanax would result in a lower penalty than possession of the same amount of heroin.

Penalties for levels of offenses in Ohio include the following:

• Minor Misdemeanor – Up to a $150 fine and no jail time
• Fourth Degree Misdemeanor – Up to a $250 fine and 30 days in jail
• Third Degree Misdemeanor – Up to a $500 fine and 60 days in jail
• Second Degree Misdemeanor – Up to a $750 fine and 90 days in jail
• First Degree Misdemeanor – Up to a $1,000 fine and 180 days in jail
• Fifth Degree Felony – Up to a $2,500 fine and six to 12 months in prison
• Fourth Degree Felony – Up to a $5,000 fine and six to 18 months in prison
• Third Degree Felony – A $5,000 to $10,000 fine and one to five years in prison
• Second Degree Felony – A $7,500 to $15,000 fine and two to eight years in prison
• First Degree Felony – A $10,000 to $20,000 fine and three to 11 years in prison

The court will consider prior crimes and convictions and many other factors when determining a drug sentence.

Defenses to Ohio Drug Charges

When you work with a skilled drug crimes lawyer, they will develop the best strategies to defend you against the charges against you. The prosecution has the burden of proving beyond a reasonable doubt that you are guilty. You do not have to prove that you are innocent. However, some defenses can place reasonable doubt of guilt in the mind of the jury members.

The Substance Was Not an Illegal Drug

The prosecution may be asserting that you had a certain amount of a controlled substance. However, the tests used to analyze drugs are often inaccurate. Further, some of the substances in your possession may have been “filler,” which would not count as an illegal drug.

An Akron drug crimes attorney could have your charges reduced or dismissed by proving that the substance is not illegal.

Fourth Amendment Violation

The Fourth Amendment to the U.S. Constitution protects you against illegal searches and seizures without the due process of law. Erb Legal would seek to suppress this evidence in court. In our experience, when faced with inadmissible drugs, the prosecution often drops the charges.

Entrapment

Entrapment occurs when law enforcement coerces a person to commit a crime that they would not otherwise consider. The court will consider objective and subjective standards. A drug crime defense lawyer could seek dismissal if they can prove entrapment.

Ohio Controlled Substances Schedules

There are five categories (or schedules) of drugs in Ohio. The higher the level of drug categorization, the more serious the penalties – with Schedule I being “higher” than Schedule V.

• Schedule I drugs are in the highest category and have no known medical use. They have the highest risk of abuse. They include drugs like heroin, marijuana, morphine, and mescaline.
• Schedule II drugs have some accepted medical uses but still have a high risk of abuse. They include drugs like codeine, methadone, oxycodone, opium, methamphetamine, and fentanyl.
• Schedule III drugs have widely accepted medical uses but carry some risk for abuse. They include medications like barbiturates, ketamine, testosterone, and anabolic steroids.
• Schedule IV drugs have some accepted medical uses and a low risk of abuse. They include Xanax, Valium, pipradrol, and sibutramine.
• Schedule V drugs have a wide range of medical uses and a low risk of abuse. They include ephedrine, combination drugs with less than 200 milligrams of codeine per 100 grams, combination drugs with less than 100 milligrams of opium per 100 grams, and buprenorphine.

The State of Ohio Board of Pharmacy lists many more drugs and their schedules online.

Ohio Drug Crimes FAQ

Here are commonly asked questions about drug crimes in Akron. Erb Legal is here with answers.

Can You Seek Expungement of Drug Charges in Ohio?

Many drug convictions can be sealed or expunged. However, the specific answer depends on the felony class of your sentence.

What Does ‘Possession of a Controlled Substance’ Mean?

This legal phrase is a common drug charge that means you knowingly exercised control over an illegal drug believing that it was the substance in question. The substance must be the drug in question.

What Should I Do If I Am Investigated for a Drug Crime?

You might suspect you’re being investigated for a drug crime if the police stop and question you or attempt to search your home or vehicle. Do not allow the police to search anything without a warrant. It would help if you never talked to the police without a drug attorney present.

Call a lawyer if you are arrested or questioned on drug crimes.

What Should I Do If I’m Arrested for a Drug Crime?

Do not resist arrest but tell the officer that you will not answer any questions without an attorney. You may tell the police your name, address, and date of birth if requested. You are not under any obligation to say anything else. Try to remain calm and do not say anything until you have an attorney.

Can I Avoid Jail or Prison with a Drug Conviction?

It may be possible to avoid going to jail for a drug crime, especially if this is your first offense. Your attorney may be able to negotiate your sentence to include a drug treatment program or community service. There are options to avoid jail or prison.

Contact an Akron Drug Crimes Lawyer for Help

When you’re facing a serious drug charge in Summit County, you need to reach out to an Akron drug crimes lawyer right away. The longer you wait, the greater your chances of losing your freedom. Don’t accept the prosecution’s first plea agreement offer. Instead, call an attorney who can negotiate the best outcome possible for you.

Call Erb Legal today at 330-249-1778 or use our online contact form to schedule a free consultation.