What Are Common Defense Strategies In Drug Related Cases?
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What Are Common Defense Strategies In Drug Related Cases?
There are some common defense strategies in drug related cases. If you want to get help building a drug crime defense strategy, the best thing you can do is learn more about the process, and then get help. In the majority of cases, people may have underlying substance abuse problems. The focus should be on trying to get them help instead of punishment so getting someone admitted to a treatment facility rather than prison. Someone who goes to prison with a drug problem will most likely come out with a drug problem and that does not benefit society or the individual. If someone with a substance abuse problem actually receives treatment, then there is an overall benefit for everyone. That is one less drug addict in the community.
Regarding defenses that can be used in drug related cases; there could be an infinite number of possibilities. They could range anywhere from false positives on lab tests to fighting the evidence itself, such as how it was obtained by police. The possibilities of defending a case could be endless. It all depends on the facts of the case.
Ohio Has Programs Like Drug Court and Deferred Adjudication for First Time Offenders
Diversion programs are available in a lot of criminal cases for first time offenders where the person would be required to do community service and some sort of drug treatment program so they could ultimately have the case dismissed.
There is also something called Intervention in lieu of conviction where the person would plead guilty to a drug charge and if that crime was committed as a result of the drug habit or a mental health problem, the person could be placed in a drug or mental health treatment program.
The case would then be dismissed after completion of the program. There is a brand new combined drug and mental health court, and that is very treatment focused, so these options do exist especially for first time offenders.
Drug Charges Can Be Expunged or Sealed From a Record
Anything can be sealed as long as the person is not convicted; meaning if a case was dismissed or if the person was found not guilty.
If a person is convicted and it was for a misdemeanor or a lower level felony and they had not had other convictions, then they might still be eligible to have a drug conviction sealed in that case. For misdemeanors, they would have to wait a year from their last court involvement and for a felony; they would have to wait three years.
Drug Charges Can Be Reduced or Dropped If It Was Part of a Plea Bargain
A reduction in charges could generally happen as part of a plea bargain especially if it was for a first time offender who might be a good candidate for drug treatment. It would be part of the plea agreement and we would be able to negotiate or reduce the charges.
Getting the charges dropped completely would apply more to cases where we are looking at intervention in lieu of conviction or a diversion program where it was dropped but after the person received some sort of help or assistance.
There Are Certain Mandatory Minimum Sentences for Drug Related Crimes in Ohio
There are generally mandatory minimum punishments for certain level felonies in higher level drug cases such as methamphetamine assembling. There are not, however, mandatory minimum penalties in Ohio for most drug cases which are lower level felonies like possession of heroin, possession of meth or cocaine.
Drug Crime Defenses and Related Cases Can Take a While to Be Resolved Depending On Certain Factors
Drug cases would have the same timeline as they would in a criminal case. Under the constitution, the accused would have the right to a speedy trial, meaning the trial would have to happen within a certain period of time.
The right to a speedy trial could be waived if more time was needed to investigate the case or if there were other advantages that a person could benefit from by waiving that right. It would generally take a few months or more to resolve a drug case, just like any other criminal case.
For more information on Building a Drug Crime Defense Strategy or Getting Drug Charges Reduced in Ohio, an initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (440) 306-3205 today.
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