Drugs in this schedule include heroin, cocaine, marihuana and hashish. Welcome to the Clermont County Sheriff's Office web site. First, section 2925.03 of the Ohio Revised Code defines drug trafficking as the illegal sale, shipment, transportation, delivery distribution or preparation for distribution of drugs. Fentanyl qualifies for criminal charges of aggravated drug trafficking. Each report received by a court of common pleas, a board of county commissioners, or the attorney general is a public record open for inspection under section 149.43 of the Revised Code. is a felony of the third degree, and there is a presumption for a prison term for the offense. Pleading guilty to aggravated drug trafficking (Case No. The offense of drug trafficking can be charged on a state level, federal level or both. (g) If the amount of the drug involved equals or exceeds five hundred unit doses but is less than one thousand unit doses or equals or exceeds fifty grams but is less than one hundred grams and regardless of whether the offense was committed in the vicinity of a school, in the vicinity of a juvenile, or in the vicinity of a substance addiction services provider or a recovering addict, trafficking in a fentanyl-related compound is a felony of the first degree, and the court shall impose as a mandatory prison term the maximum prison term prescribed for a felony of the first degree. Evans, Michael Aggravated Possession of Drugs Race: Caucasian DOB: 06-09-1985 Height: 5 11 Weight: 165 lbs Hair: Brown Eyes: Green Last Known Address: Eastlake, Ohio . Scroll down to review detailed descriptions of what is the difference between drug trafficking and aggravating drug trafficking in Ohio, as well the statutory penalties for trafficking in different types of drugs. The drugs were found as a result of a lawful search. 7031 Koll Center Pkwy, Pleasanton, CA 94566. Certain facts will change the level of felony and, therefore, the possible penalties. When the substance involved is a Schedule I or Schedule II drug, the alleged offense is treated as aggravated trafficking. LSD and pentobarbital have an acknowledged medical use and a lower potential for abuse, thus they are classified as Schedule III drugs. You can speak to a Columbus criminal defense attorney now by calling Colin at (614) 205-2208 or by completing this online contact form. 2019-CR-176) Trafficking in cocaine is generally a felony of the fifth degree. Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. The 74-count indictment follows . Aggravated drug trafficking, as defined in Ohio Rev. Mandatory Sentences for Aggravated Trafficking. B. (A) No person shall knowingly do any of the following: (1) Sell or offer to sell a controlled substance or a controlled substance analog; (2) Prepare for shipment, ship, transport, deliver, prepare for distribution, or distribute a controlled substance or a controlled substance analog, when the offender knows or has reasonable cause to believe that the controlled substance or a controlled substance analog is intended for sale or resale by the offender or another person. 301, as amended, and is sold, offered for sale, prescribed, dispensed, or administered for that purpose in accordance with that act. Section 2925.02 - Corrupting another with drugs. In Ohio,O.R.C. . If the amount of the drug involved is within that range and if the offense was committed in the vicinity of a school, in the vicinity of a juvenile, or in the vicinity of a substance addiction services provider or a recovering addict, trafficking in heroin is a felony of the second degree, and there is a presumption for a prison term for the offense. { 15} There is no merit in Kloeker's claim of ineffective assistance with respect to his guilty plea to theft. (e) Except as otherwise provided in this division, if the amount of the drug involved equals or exceeds one hundred unit doses but is less than two hundred unit doses or equals or exceeds ten grams but is less than twenty grams, trafficking in a fentanyl-related compound is a felony of the second degree, and the court shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the second degree. Trafficking in drugs is generally a felony of the fifth degree. (b) Except as otherwise provided in division (C)(6)(c), (d), (e), (f), or (g) of this section, if the offense was committed in the vicinity of a school, in the vicinity of a juvenile, or in the vicinity of a substance addiction services provider or a recovering addict, trafficking in heroin is a felony of the fourth degree, and division (C) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender. If you attempt to sell Schedule I or Schedule II drugs, you can be charged with aggravated drug trafficking, a fourth-degree felony that is punishable by six to 18 months in prison, and . (f) If the amount of the drug involved equals or exceeds one thousand unit doses but is less than five thousand unit doses of L.S.D. at (740) 353-4101, Scioto County Sheriff's Office at (740) 354-7566, or the Southern Ohio Drug Task . Certain facts will change the level of felony and, therefore, the possible penalties. Two drugs that are the focus of not only media attention but also law enforcement are Fentanyl and methamphetamine. This is why it is more important now than ever to hire an experienced local attorney to fight your case. Ohio classifies felony offenses into five levels or degrees. Before doing that, however, take a few moments to familiarize yourself with a few basic facts that will make the details easier to understand. Gene Cox . Basically, with an 85% sentence for Aggravated Trafficking, your sentence cannot . Nina Shane Maestle, 35, of Whitehall, was indicted on two counts of aggravated drug trafficking, a second-degree felony; one count each of illegal conveyance of drugs of abuse onto grounds of a . Statutes. Contact Attorney Adam Burke today for your free consultation at (614) 280-9122. is a felony of the fourth degree, and division (C) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender. (f) If the amount of the drug involved equals or exceeds two hundred unit doses but is less than five hundred unit doses or equals or exceeds twenty grams but is less than fifty grams and regardless of whether the offense was committed in the vicinity of a school, in the vicinity of a juvenile, or in the vicinity of a substance addiction services provider or a recovering addict, trafficking in a fentanyl-related compound is a felony of the first degree, and the court shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the first degree. in a solid form or equals or exceeds five grams but is less than twenty-five grams of L.S.D. If aggravated trafficking in drugs is a felony of the third degree under this division and if the offender two or more times previously has been convicted of or pleaded guilty to a felony drug abuse offense, the court shall impose as a mandatory prison . If the amount of the drug involved is within that range and if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, trafficking in marihuana is a felony of the first degree, and the court shall impose as a mandatory prison term a maximum first degree felony mandatory prison term. Trafficking in LSD is generally a felony of the fifth degree. We have a proven track record of success in handling over 20,000 criminal cases and consistently awarded as one of Ohio's Best Criminal Defense Firms. The penalty for the offense shall be determined as follows: (a) Except as otherwise provided in division (C)(5)(b), (c), (d), (e), (f), or (g) of this section, trafficking in L.S.D. Aggravated Possession of Drugs. If the amount of the drug involved is within that range and if the offense was committed in the vicinity of a school, in the vicinity of a juvenile, or in the vicinity of a substance addiction services provider or a recovering addict, trafficking in cocaine is a felony of the first degree, and the court shall impose as a mandatory prison term a first degree felony mandatory prison term. 5 counts of aggravated trafficking in drugs, 1 third degree felony and 4 fifth degree felonies, 2 count of aggravated possession of . The first and most important decision you can make at this point is to hire an experienced and competent defender. If aggravated trafficking in drugs is a felony of the third degree under this division and if the offender two or more times previously has been convicted of or pleaded guilty to a felony drug abuse offense, the court shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the third degree. The chart below provides a summary of laws related to Ohio's drug distribution laws, including links to important code sections. If you are facing a lengthy jail sentence for aggravated drug trafficking, Colin Maher of the Columbus, Ohio-based Maher Law Firm may be able to help. Two people were arrested on drug charges Monday morning when police raided a property on Scott's Point Road in Clifton. (e) Except as otherwise provided in this division, if the amount of the drug involved equals or exceeds thirty grams but is less than forty grams, trafficking in a controlled substance analog is a felony of the second degree, and the court shall impose as a mandatory prison term a second degree felony mandatory prison term. (3) If the drug involved in the violation is marihuana or a compound, mixture, preparation, or substance containing marihuana other than hashish, whoever violates division (A) of this section is guilty of trafficking in marihuana. Tough times lie ahead for individuals convicted of drug trafficking in Ohio. Commissioners are nominated by the President and confirmed by the Senate. The penalty for the offense shall be determined as follows: (a) Except as otherwise provided in division (C)(3)(b), (c), (d), (e), (f), (g), or (h) of this section, trafficking in marihuana is a felony of the fifth degree, and division (B) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender. (b) If the offender knows or has reason to know that the compound, mixture, preparation, or substance that is the drug involved contains a fentanyl-related compound, the offender is guilty of trafficking in a fentanyl-related compound and shall be punished under division (C)(9) of this section. A possession charge becomes aggravated when there are specific factors involved. Punishment for a class 5 felony is: Probation (only if under threshold); Between .5 and a maximum of 2.5 years in prison. The report shall include statistics on the number of persons served by the community addiction services provider, identify the types of alcohol and drug addiction services provided to those persons, and include a specific accounting of the purposes for which the fine moneys received were used. in a liquid concentrate, liquid extract, or liquid distillate form and regardless of whether the offense was committed in the vicinity of a school, in the vicinity of a juvenile, or in the vicinity of a substance addiction services provider or a recovering addict, trafficking in L.S.D. Less serious crimes ( misdemeanors) are . (c) Except as otherwise provided in this division, if the amount of the drug involved equals or exceeds ten unit doses but is less than fifty unit doses of L.S.D. 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