Drug Paraphernalia Attorney – Westerville, Ohio

If you have been charged with drug paraphernalia in Westerville, 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 paraphernalia 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 jail.

Westerville, Ohio – Where Will Your Case Be Heard?

Depending upon the location, type and level of drug paraphernalia offense that you are charged with, your case will be heard in Westerville Mayor’s Court, Franklin County Municipal Court or Delaware County Municipal Court.

Diversion Programs

Pre-Trial Diversion in Franklin County

There is no diversion program available in Franklin County Municipal Court for drug paraphernalia offenses. However, most Mayor’s Courts, including Westerville Mayor’s Court, have a diversion program available.

These programs are only available for first-time offenders with no previous criminal history. However, these programs are not available as a matter of right. The prosecutor must agree to the diversion program and, therefore, you need to hire an experienced drug attorney to determine your eligibility and explore this option for you.

Pre-Trial Diversion in Delaware County

In Delaware County, a pre-trial diversion program is available for certain drug-related offenses. The program is available to first-time offenders with minor misdemeanor violations of possession of marijuana and 4th degree misdemeanor use or possession of drug paraphernalia. In addition to having a qualifying offense, the prosecutor must confirm that the defendant is eligible and recommend that the defendant participate in it. If the defendant is recommended for the program, the offender must do the following:

Waive, in writing, the right to a trial and, if not represented by counsel, the right to be represented by an attorney;
Agree, in writing, to pay a $150 fee for supervision services as well as other court costs; and
Enter a guilty plea to the charge.

The defendant will have 90 days to complete the following:

Complete a drug-education class and attend a drug dependency treatment program;
Complete 20 hours of community service;
Refrain from committing any other criminal offense;
Submit to drug testing whenever directed to do so by the Diversion Manager, and agree that failure to submit or any positive test will result in the defendant’s removal from the program; and
Pay the $150 supervision fee.

Following the 90-day period, the court will either approve the defendant’s request to withdraw the guilty plea and dismiss the case against the defendant, or enter the previously suspended sentence if the defendant has not complied with the requirements of the program.

What Types of Cases Does Westerville Mayor’s Court Handle?

Westerville, Ohio has its own set of codified ordinances that describe certain drug offenses and the penalties upon conviction. Below are several examples of drug offenses under Westerville’s Codified Ordinances:

Illegal Use or Possession of Drug Paraphernalia
Dealing in Drug Paraphernalia
Selling Drug Paraphernalia to Juveniles
Illegal Advertising of Drug Paraphernalia
Marijuana Paraphernalia
Drug Abuse Instruments

Where is the Westerville, Ohio Mayor’s Court Located?

Westerville Mayor’s Court is located at 21 S. State St., Westerville, Ohio, 43081. Consult the map below for directions to Westerville Mayor’s Court.

How do Mayor’s Courts Differ from Municipal Courts?

Mayor’s courts are unique in that they not permitted to conduct jury trials. Additionally, cases are heard by either the mayor or a magistrate appointed by the mayor. If a defendant wishes to have a jury trial, or simply does not want the mayor’s court to hear his or her case, the defendant can have the case transferred to the applicable county municipal court. In addition, if a defendant is convicted in a mayor’s court, he or she may appeal the conviction to the appropriate county municipal court.

There are advantages to having your case heard in a mayor’s court. For instance, mayor’s courts are more informal than municipal courts. Moreover, mayor’s courts are more conveniently located than a county municipal court and many provide evening hours for the hearing of cases.

Westerville, Ohio Drug Paraphernalia Attorney

If you have been charged with a drug paraphernalia offense in Westerville, Ohio, contact Johnson Legal, LLC and speak with an experienced and dedicated criminal defense attorney. Attorney David Johnson of Johnson Legal, LLC will discuss your case and assist you in fighting the charges. Call (614) 987-0192 or send an email to schedule a consultation regarding your case.

Heplful links for Westerville: Westerville Chamber Of Commerce, City of Westerville, Westerville Parks Department, Otterbein University, Westerville City Schools, Westerville Library, Westerville Visitors & Convention Bureau