Drug related crimes have always been a serious offense, but the opioid crisis in recent years has focused law enforcement’s attention on illegal drug trafficking. Local and federal authorities are devoting considerable resources to reducing the availability of illicit drugs in the state.
Depending on the circumstances, a person convicted of drug trafficking could face a substantial prison term. However, tactics to catch suspected distributors could cross the line and violate an accused’s constitutional rights.
A Toledo drug trafficking and distribution lawyer can probe the circumstances surrounding an arrest and act to protect the rights of accused individuals. An experienced defense attorney can explore every available avenue to secure the best result the evidence permits. Contact Groth & Associates today to learn more.
Sometimes, authorities do not follow proper procedures in their zeal to suppress the distribution of illegal substances. For example, information provided by confidential informants leads to many drug arrests, but the informant is often not a trustworthy or reliable reporter. In other cases, law enforcement might set up a sting operation or surveillance to catch suspected violators of drug trafficking laws despite having insufficient probable cause.
A savvy Toledo drug trafficking attorney can review all warrants against the accused and challenge any deficiencies in the case. They can also bring a motion to suppress evidence that an officer wrongfully obtained and question evidence handling procedures and laboratory results.
A drug charge’s severity depends on the drug’s quantity and identity. However, every trafficking charge is a felony. Ohio Revised Code § 2925.03 prohibits anyone except a pharmacist or health professional who is licensed to dispense from selling or distributing a controlled substance or analog. Violating the prohibition is considered trafficking and distribution.
Selling does not mean just providing the substance in exchange for money. A person could be accused of selling if they traded the substance for something of value or gave it as a gift. In addition, someone who prepares a substance for distribution could be found guilty of trafficking even if they were not directly involved in transferring the drugs to another person.
The broad definitions in the law mean that many people with little or no involvement in distributing illegal substances could face serious penalties. In some cases, an alternative to criminal prosecution and punitive sentencing might be available with the help of a qualified Toledo attorney with experience handling cases that involve selling controlled substances.
Lucas County operates a drug court that could allow an alleged offender to complete supervised treatment and rehabilitation instead of going to prison. The charges against someone who completes one of these programs will be reduced or dropped.
Drug court is open to people facing fourth or fifth-degree felony charges. In the context of drug trafficking, many offenses are charged as fourth-degree felonies. If the crime charged did not involve violence and the accused does not have prior convictions for a violent crime or distribution, they might be eligible for drug court.
A Toledo drug distribution attorney can seek to convince a prosecutor to recommend drug court rather than incarceration in appropriate cases.
The selling and distribution of illegal substances is a serious offense. If prosecutors charge you with trafficking, you could face a lengthy prison sentence, hefty fines, and forfeiture of your property.
Do not trust your future to an inexperienced attorney. A skilled Toledo drug trafficking and distribution lawyer can provide an aggressive defense to get you the best result the circumstances allow. Contact Groth & Associates today to schedule a confidential consultation.