Cleveland Drug Crime Defense Lawyers

Drug crimes can range in severity from simple possession to the more extreme charge of drug trafficking. However, all types of drug crimes should be treated seriously. Drug crimes in Ohio can carry serious penalties. Even a relatively minor drug crime conviction can affect your future in various ways. If you are arrested or charged with a drug crime, it’s important to get professional representation. The criminal defense attorneys at Yelsky & Lonardo, LLC, in Cleveland, Ohio, have dedicated experience helping people figure out drug crime charges. We can protect your rights and your reputation in the face of these charges and help you pursue a favorable result.

Our firm is well-established, and our criminal defense attorneys have a long history of success serving our clients in Cuyahoga County. Find out how we can help you, too.

What Are The Most Common Drug Offenses In Cleveland, And What Are Their Potential Penalties?

Understanding the nature of the offenses involved in drug crimes and their potential penalties can help you figure out your situation. Some of the most common drug offenses and their typical sentencing guidelines in Ohio include:

• Marijuana possession: Following the passage of Issue 2, Ohio permits adults 21 and older to legally possess up to 2.5 ounces of cannabis flower and as much as 15 grams of cannabis concentrate when obtained through a state-licensed dispensary. However, possession of over 70 grams but less than 100 grams is still a misdemeanor and can result in a fine of up to $150. Possession of 100-200 grams can result in a heavier fine of up to $250 and up to 30 days in jail and possession of over 200 grams can result in a felony drug charge that includes prison time.
• Possession of Schedule I and II substances: Possession of these substances carries more severe consequences. It is classified as a felony drug crime regardless of the amount in your possession. Having less than one gram can result in six to 12 months in prison and a fine of up to $2,500. Drug possession of five to 10 grams of a Schedule I or II substance is punishable by two to eight years in prison and a fine of up to $15,000.
• Drug trafficking minor amounts: This is another, more severely punished drug offense and is charged as a fourth-degree felony. This results in a fine of up to $5,000 and up to 18 months in prison.
• Drug trafficking larger amounts or higher-schedule drugs: This is considered a first-degree felony and one of the harshest punished drug crimes. A conviction can result in up to 11 years in prison and a fine of up to $20,000.

A few factors that can increase the penalties, also called “aggravating factors,” include the presence of a firearm, drug trafficking near minors and repeat offenses. If one or more of these factors is involved in your arrest, it can increase the consequences in your sentence.

Our attorneys represent people facing federal drug charges and understand the federal court process. We also represent clients in local courts, including the Cuyahoga County Court of Common Pleas and Cleveland Municipal Court. When drug charges create uncertainty, we can explain the process, review the evidence and pursue a strong defense for you.

How Are Different Drugs Classified Under Ohio Law?

The different drug classifications in Ohio can make a difference in how your case is handled and sentenced. In our state, drugs are classified into certain schedules. The higher the schedule of the drug involved in your case, the more serious the consequences a conviction can carry.

• Schedule I is the highest and reserved for the most serious drugs. They are classified as Schedule I due to their high risk of addiction and danger. Schedule I drugs have no medical uses and include heroin, LSD and even marijuana.
• Schedule II drugs include cocaine, methamphetamine, oxycodone and fentanyl. These drugs have a high potential for abuse but can also have some medical uses if prescribed or administered by a medical professional.
• Schedule III drugs have a moderate to low potential for abuse and some medical use. This includes drugs like ketamine and anabolic steroids.
• Schedule IV drugs like Xanax, Valium and Ambien have a low potential for abuse and verified medical use.
• Schedule V is the lowest class of drugs that can be involved in a drug crime. These are often available over the counter and examples include antidiarrheals and cough suppressants. However, you can still be charged as a misdemeanor depending on the number of drugs in your possession and what you were using them for.

Can Drug Charges Be Expunged From Your Record In Ohio?

As drug laws and drug crimes change, many people may wonder if these charges can be erased from their criminal record. The short answer is yes. Some criminal convictions can be expunged from your record. In many cases, most marijuana and drug trafficking records can be sealed or expunged. However, certain high-level and aggravated drug crime convictions may not be eligible for expungement. An experienced drug charge attorney can give you more information and help you with this process.

We Answer Your Questions On Drug Crimes And Defense

Drug charges in Cleveland can affect your freedom, record, job and future. Legal defenses and treatment programs may offer ways to address your charges.

Can I avoid a criminal conviction for a drug charge in Cleveland?

Possibly. You may qualify for Intervention in Lieu of Conviction, or ILC. This program allows you to complete treatment, supervision, drug testing and other court requirements. After successful completion, the court may dismiss your charges. You may also qualify for the Cuyahoga County Drug Court. This program includes treatment, drug testing, regular court hearings and close supervision. After you complete the program, the outcome depends on the Drug Court track and your case. The court may dismiss the charges or end or modify community-control sanctions.

What should I do if the police pull me over or search my car?

Stay calm, provide your driver’s license and requested documents and avoid arguments or resistance. You may say that you want to remain silent and speak with an attorney. If an officer asks to search your vehicle, state clearly that you do not consent to a search. If officers conduct a search, remain calm and contact us as soon as possible. Write down what happened, including the reason for the stop and statements from officers.

How can a defense attorney fight drug charges in Cleveland?

We can review whether the police had a lawful reason for the stop, search, arrest or questioning. We can also review who had access to the drugs, laboratory testing, evidence handling and police reports.
Depending on your situation, we may seek to exclude evidence, reduce the charge, pursue dismissal, negotiate an agreement or explore ILC or Cuyahoga County Drug Court.

Our prompt legal review can help protect your rights, preserve evidence and identify your legal options.

Get The Help You Need After A Drug Arrest in Cleveland

A drug crime charge can seriously affect your life. A conviction can not only result in imprisonment and fines but also affect your future opportunities as well as both your personal and professional relationships. An attorney from our firm may be able to help you mitigate these consequences. Contact us today to learn more about what we can do. Schedule an initial consultation at our Cleveland law office to get answers and figure out your options. Call our office at 216-435-0009 or use our online contact form to get in touch. Our dedicated and skilled criminal defense attorneys are here for you.