Defending Against Prescription Drug Trafficking Charges in Ohio

Charged With Dealing Prescription Drugs in Ohio?

Have you been charged with a prescription drug charge? If so, it is important to obtain a knowledgeable criminal defense attorney. My name is Michael S. Probst, and I have been practicing criminal law since 1999. As a former prosecutor, I know how the other side will most likely approach your case. I will help to defend you against your prescription drug charges.

I believe strongly that every person charged with a drug crime deserves a vigorous defense. I am hard working and tenacious. If you need an experienced Columbus drug crime attorney who will fight to get a positive result for you, I encourage you to contact my law office in Columbus, Ohio. For a free consultation, call 614-232-8890.

Experienced Criminal Representation in the Columbus, Ohio, Area

As a Columbus prescription drug trafficking lawyer, I have defended both college students and older adults who have encountered problems with many types of prescription drugs, including:

OxyContin
Xanax
Vicodin
Soma
Percocet
Robaxin
Marijuana

I am also familiar with the defense of other forms of illegal drugs, such as heroin and cocaine. If you have been arrested or charged with drug possession or drug trafficking I can protect you and your rights.

The Consequences of Prescription Drug Possession/Trafficking

In Ohio, the penalties for prescription drug crimes can be severe. They are typically charged in two ways: selling drugs and preparing drugs for sale or shipment. You can be charged with preparing for sale or shipment if you have scales, baggies or have separated drugs into exact amounts. The penalties will usually increase with the amount of drugs found in your possession.

As a Columbus prescription drug trafficking lawyer and a former criminal prosecutor, I have the knowledge required to prudently defend your rights. It is important to talk with an Ohio drug crime attorney immediately since the police can obtain information about you through confidential informants and use everything you say to them against you. I will strive to ensure that you receive a proper defense.

Understanding Penalties for Prescription Drug Trafficking

Ohio distinguishes between simple possession and trafficking (dealing). Possession means you have the drugs under your control, including in your home or vehicle. Trafficking goes further. It involves selling, offering to sell, or distributing prescription medication. The law treats trafficking more seriously because it implies an intent to profit or supply others. This applies whether you’re selling drugs yourself or helping someone else do it.

If you’re convicted, the penalties largely depend on the type and amount of substance involved:

Schedule I or II Drugs – Felonies ranging from fourth to first degree. Larger quantities or repeat offenses carry harsher penalties.
Schedule III, IV, or V Drugs – Felonies ranging from fifth to first degree, depending on the amount. Penalties may increase if the crime occurs near schools or juveniles.
Marijuana – Penalties range from minor misdemeanors for small gifts (under 20 grams) to first-degree felonies for larger amounts, with location-based enhancements.

Columbus prosecutors may ask for sentencing enhancements under certain circumstances. Enhancements can add years to prison time or increase fines, especially if aggravating factors exist. A criminal defense attorney from Probst Law Office, Inc will review your case to determine whether these enhancements apply and how they could affect your defense strategy. For example:

Large quantities of prescription drugs
Prior drug convictions, which can lead to enhanced penalties
Distribution to minors or sales near school grounds
Possession with the intent to sell, even if you did not actually sell the drugs

Are There Alternatives to Prescription Drug Dealing Sentencing?

Ohio law provides certain programs that may allow you to avoid a traditional criminal conviction after being charged with prescription drug offenses – however, many drug trafficking offenses will not qualify.

The two main options are pre-trial diversion and intervention in lieu of conviction (ILC). These programs focus on rehabilitation and supervision rather than punishment.

Qualifying for Pre-Trial Diversion in Ohio

Pre-trial diversion allows prosecutors to offer a supervised program before trial, with the possibility that charges are dismissed upon successful completion. You might qualify if your Columbus defense attorney can negotiate for reduced charges and a diversionary program. Courts and prosecutors are more likely to grant this request if you’re a first-time offender and are willing to comply with program conditions. These conditions include:

Regular drug testing
Supervision fees
Waiving certain trial rights (like a speedy trial or preliminary hearing)

However, serious prescription-drug dealing charges are typically not eligible for pre-trial diversion.

Intervention in Lieu of Conviction (ILC)

ILC is a court-supervised program available before entering a guilty plea, usually for offenders whose drug or alcohol use contributed to their criminal behavior. Eligibility requirements include:

The offense is not a first-, second-, or third-degree felony, a violent crime, or a felony sex offense.
You have no prior felony convictions for violent crimes.
If drug or alcohol use was a factor, the court may require an assessment by a qualified addiction professional and a recommended intervention plan.
You must agree to comply with all court-ordered terms, including abstaining from drugs and alcohol for up to five years and participating in treatment programs. You’ll also undergo random drug testing.

Trafficking-level prescription drug charges are generally ineligible for ILC unless charges are reduced to a lower-degree offense. That’s a big reason why it’s so important to work with an experienced drug crimes defense team, like Probst Law Office, Inc.

Common Legal Defenses for Prescription Drug Dealing Charges

Facing prescription drug dealing charges is a scary prospect, but there are several legal defenses your attorney may pursue that may help protect your rights and challenge the prosecution’s case. The right defense strategy depends on the specific circumstances of your situation. However, there are some common legal defenses for prescription drug dealing charges:

Evidence Obtained Illegally May Not Be Used Against You – If police conducted a search or seizure without following the proper legal procedures, that evidence could be excluded from your case. For example, police performing a warrantless search or violating traffic stop rules are common ways evidence can be excluded from drug cases. This can significantly weaken the prosecution’s position, and in some situations, lead to dismissal or reduced charges.
You May Not Have Had Knowledge or Control Over the Drugs – In legal terms, this is called “constructive possession.” A Columbus defense lawyer can argue that the drugs were not under your control or that you were unaware of them. Common scenarios include living in shared spaces or driving someone else’s vehicle. Similarly, you could have guests who may have had access to substances.
Laboratory Testing and Evidence Handling Are Not Always Perfect – Mistakes in drug testing or mishandling evidence can cast doubt on the prosecution’s claims. Reviewing lab reports and chain of custody records is often key to challenging the charges.
There May Be Insufficient Evidence to Link You to the Sale or Distribution of the Drugs – This can include questioning the quantity of the drugs or the absence of proof that you intended to sell or distribute the medication. A defense lawyer also considers whether the prosecution’s witnesses are credible.

Sometimes multiple defenses may work together. Probst Law Office, Inc will determine which defenses can be raised and how to present them effectively in court.

What to Do When You’re Under Investigation or Charged with a Drug Crime

If you’re under investigation or have been charged with a drug crime, the sooner you act, the better. The first step is to contact Probst Law Office, Inc before speaking to police or prosecutors. Anything you say could be used against you, so it’s always better to stay silent and ask for a lawyer right away. A lawyer can protect your rights and help build a strong defense tailored to your situation.

It’s also important to preserve any evidence you have, including valid medical prescriptions. You should save communications and other documents that may support your case. However, avoid deleting messages, discarding items, or discussing your situation online. It’s best to avoid contact with co-defendants or witnesses, too.

Following all court instructions and conditions, including bail or release terms, is key. Violating your bail terms could result in incarceration while you await trial.

Finally, if substance use or mental health challenges contributed in your case, consider seeking treatment or support voluntarily – but always talk to your lawyer before you make any decisions. Taking these steps early gives you the best chance to protect your rights and get a fair outcome under the law.

The Pros and Cons of Plea Deals in Prescription Drug Dealing Cases

Columbus, Ohio, prosecutors may offer you a plea bargain, depending on how strong their evidence against you is. A plea deal is an agreement between the prosecution and the defense in which you may plead guilty to a lesser charge or receive a reduced sentence. These agreements can help avoid the uncertainty and stress of a trial, but they also carry long-term consequences. Here’s what you need to know:

Plea deals can sometimes reduce the charges or penalties, potentially lowering prison time or fines.
Accepting a plea often involves waiving certain rights, such as the right to a trial or to challenge evidence.
Prosecutors may offer plea deals in exchange for cooperation, such as providing information or agreeing to participate in treatment programs.
A skilled attorney may be able to negotiate terms that include probation, drug court participation, or diversion programs, which help keep a conviction off your record.
Declining a plea and going to trial carries risks, including the possibility of receiving the maximum sentence if convicted.

Consulting the Columbus drug defense attorneys at Probst Law Office, Inc early on offers the guidance you need to weigh the benefits and risks before making any decisions.

Contact a Columbus Prescription Drug Trafficking Lawyer

If you have been charged with prescription drug trafficking or possession, contact my law office for assistance. To schedule a free consultation, call 614-232-8890, or contact me by e-mail.

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