Illegal Drug Manufacture Attorney – Delaware, Ohio
If you have been charged with illegal drug manufacture in Delaware, Ohio, it is important that you hire legal counsel. Contact Attorney David Johnson of Johnson Legal, LLC at (614) 987-0192 to review your case and discuss with you how to proceed. As an experienced and dedicated drug defense attorney, Attorney Johnson will be with you at your first court appearance (called an “arraignment”) and attempt to have the case dismissed. In the event that the drug charges are not dropped, a pretrial hearing will be scheduled.
Depending upon what the particular drug charge is, and where it is heard, negotiations will begin with the prosecutor and evidence will be gathered to support your defense. If negotiations fail to produce a favorable plea agreement, your case will be set for trial. At trial, Attorney Johnson will vigorously defend you. However, if you are found guilty, Attorney Johnson will seek all avenues available that will allow you to avoid prison or jail.
Delaware, Ohio – Where Will Your Case Be Heard?
Illegal drug manufacture in Ohio is a felony. Therefore, your case will be heard in Delaware County Common Pleas Court.
Where is the Delaware County Common Pleas Court Located?
Delaware County Common Pleas Court is located at 91 North Sandusky Street, Columbus, Ohio 43015. Refer to the map below for further directions.
What is Illegal Drug Manufacture in Ohio?
Pursuant to 2925.04(A), no person shall knowingly manufacture or engage in any part of the production of a controlled substance. To do so constitutes the illegal manufacture of drugs.
Drug manufacturing or cultivation involves growing or producing illegal drugs for the purpose of distribution or sale. Commonly manufactured drugs include marijuana, methamphetamine, cocaine and heroin. Illegal drug manufacture charges can result in severe penalties, including mandatory prison sentences, significant fines, and loss of driver’s license.
In addition to the imposition of a prison sentence, if a violation of 2925.04(A) is a 1st, 2nd or 3rd degree felony, the court shall impose the mandatory fine (up to $20,000) and the person’s driver’s license will be suspended for 6 months – 5 years. The person may, at any time after 2 years from the day in which the offender’s sentence was imposed, file a motion requesting termination of the suspension.
Defense to Illegal Manufacture of Drugs
The primary defense would be unlawful search and seizure. Law enforcement do not always comply with search and seizure laws, creating an opportunity for you to assert that the police violated your constitutional rights. An unlawful search and seizure could result from a lack of probable cause or search warrant, and from a search warrant that was not properly executed.
In the event that an unlawful search and seizure took place, your attorney can file a motion to suppress the evidence. If granted, the evidence obtained in violation of your constitutional rights will be excluded from the prosecution’s case and the charges may be dismissed.
Probable Cause Requirement
For grow operations that are conducted indoors, law enforcement will be required to demonstrate probable cause before securing a warrant. Probable cause can often be gained by the police detecting the odor of marijuana and electric bill monitoring (i.e., high kilowatt usage). The combination of the two is generally enough to secure a warrant to search the premises.
In addition to odors and electric bills, if the police search your trash after it has been left outside, probable cause may be found and a warrant will be issued. There is no reasonable expectation of privacy once you put your trash outside.
Another method of obtaining probable cause is through the statements of a neighbor who suspects that a grow is being conducted in your house or through an accomplice who seeks to reduce his or her sentence.
Delaware, Ohio Illegal Drug Manufacture Defense Attorney
If you have been charged with an illegal drug manufacture offense in Delaware, Ohio, contact Attorney David Johnson of Johnson Legal, LLC to discuss your case. An experienced and knowledgeable drug defense lawyer in Delaware, Ohio can help you fight the charge and achieve the best possible outcome. Contact Attorney David Johnson at (614) 987-0192 or send an email to schedule a consultation to discuss your illegal drug manufacture case.
Mark Corroto – Prosecutor
70 North Union Street
70 N Union St
Delaware, Ohio Fire Department
99 South Liberty