Drug Trafficking Attorney – Westerville, Ohio
If you have been charged with drug trafficking in Westerville, Ohio, contact Johnson Legal, LLC and speak with an experienced 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 drug possession charge.
It is critical that you hire legal counsel if you have been charged with drug trafficking. Attorney David Johnson will be with you from the beginning, attending your first court appearance (called an “arraignment) with you. At your arraignment, Attorney Johnson will seek to have your case dismissed. However, in the event that your drug possession charge is not dropped, a pre-trial hearing will be conducted.
Depending upon where your drug trafficking charge is heard, negotiations will begin with the prosecutor upon a possible plea agreement and evidence will be gathered to bolster your defense. While negotiating with the prosecution about a favorable plea agreement, Attorney Johnson will file a motion to suppress the evidence against you.
A motion hearing will be held, where Attorney Johnson will challenge the evidence and the drug trafficking charge. This will involve arguing that the police did not have probable cause to search or arrest you, lacked a warrant, or violated your constitutional rights. This may result in the drug trafficking charge being dismissed by the prosecution. However, if the case is not dismissed, negotiations fail to produce a favorable plea agreement, or you decline to accept the plea agreement, your case will be set for trial.
At trial, Attorney Johnson will vigorously defend you and your rights. However, if you are found guilty, Attorney Johnson will seek all avenues available that will allow you to avoid jail or prison.
Westerville, Ohio – Where Will Your Case Be Heard?
Depending upon where you were arrested, and the type and level of drug trafficking you are charged with, your case will be heard in one of two different courts. Since drug trafficking is a felony, your case will be heard in Franklin County Common Pleas Court or Delaware County Common Pleas Court.
Where Are the Franklin and Delaware County Common Pleas Courts Located?
Franklin County Common Pleas Court is located at 345 S. High Street, Columbus, Ohio 43215. Delaware County Common Pleas Court is located at 91 North Sandusky Street, Delaware, Ohio 43015. Refer to the maps below for further directions.
What is Drug Trafficking?
Pursuant to 2925.03(A), no person shall sell or offer to sell a controlled substance. Moreover, no person shall prepare for shipment, ship, transport, etc. a controlled substance when the person knows or has reason to know that the controlled substance is intended for sale. Both types of actions constitute drug trafficking. Commonly trafficked drugs include marijuana, cocaine, LSD and heroin.
Drug Trafficking Penalties
Drug trafficking in Ohio is a felony. However, the charge can range from a 5th degree felony (lowest felony) to a 1st degree felony (highest felony). The sentencing for this offense also varies, from 6 months to a mandatory maximum of 11 years. In addition to the potential for a lengthy prison sentence, you will also face a significant fine of $2500 to $20,000. Click here for a complete breakdown of the potential penalties for drug trafficking in Ohio.
Drug Trafficking Defenses in Ohio
Several defenses exist for drug trafficking in Ohio. These include unlawful search and seizure, lack of Miranda warnings, entrapment by law enforcement, and lack of intent.
The primary defense is lack of intent. Trafficking in marijuana is a specific intent offense that requires knowledge, purpose and action in furtherance of the crime. This requires that at the time of the offense, the prosecution must prove that you had the required criminal intent to commit the offense. Absent this intent, the prosecution will have difficulty proving their case and the charges may be dismissed.
Another common defense is unlawful search and seizure. Law enforcement does 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.
Westerville, Ohio Drug Trafficking Attorney
If you have been charged with a drug trafficking offense in Westerville, Ohio, contact Attorney David Johnson of Johnson Legal, LLC to discuss your case. An experienced and knowledgeable drug defense lawyer 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 drug trafficking case.
Helpful Links for Westerville, Ohio: Westerville Ohio Chamber Of Commerce, City of Westerville, Westerville Parks Department, Otterbein University, Westerville City Schools, Westerville Library, Westerville Visitors & Convention Bureau
Westerville Division of Police
29 S. State St.
Westerville, OH 43081-2119
Non-emergencies: (614) 882-7444
Tip Line: (614) 901-6866
Jail Contact Information for Westerville Ohio