Under investigation for a drug crime? Facing criminal charges? Get aggressive, experienced legal help. Submit the form below and part of our Cleveland Ohio criminal defense team will contact you to discuss your case. Please note that filling out this form does not constitute an attorney-client relationship.
Ohio Drug Crime FAQ
I am charged with possession. If I only had a small amount of drugs, is my future really in jeopardy?
If you have been charged with possession under a certain amount you will likely not go to jail. Our lawyers believe that every person charged with their first offense of possession deserves a second chance, and we will work to ensure that you receive that second chance.
What should I do if contacted by the FBI, DEA, or the police about a drug crime?
We strongly advise that you answer no questions until you have an experienced drug crimes defense lawyer representing you.
What should I do if I am arrested on a drug charge?
We strongly recommend that you make no statements and provide no information before contacting an experienced drug crimes lawyer. We also recommend that you do not agree to any drug testing without legal representation.
What can I expect to happen in my criminal case?
Generally speaking, there are four possible directions that your case can go in. First, the charges could be dismissed by the prosecution, if the case lacks merit. Second, a plea agreement between the prosecution and the defense could be reached. Third, the case could be tried before a jury. Lastly, the case could be tried before a judge without a jury. This is commonly called a bench trial. Generally speaking, the defense gets to elect a jury or a bench trial. However, in federal court, the defense must obtain the consent of the government and the court to elect a bench trial. A qualified criminal defense attorney should be able to properly advise you on the best course of action.
Do the police need a warrant to search a house for drugs?
The police cannot search your home without a warrant. The Fourth Amendment protects you against "unreasonable" searches and seizures by state or federal law enforcement authorities, but it permits searches and seizures that are considered reasonable. A warrant is a piece of paper signed by a judge that describes the place to be searched and the people or things that can be seized. A judge makes a decision to sign a warrant after hearing sufficient reasons why the warrant should be issued from the law enforcement official. The judge must be convinced that there is "probable cause" to believe that the warrant should be issued (they believe they can find evidence and/or that you committed a crime). However, once you leave your home and are on a street or in your car, the rules change somewhat and the police are allowed to do more. The police may conduct a search of your home, car, boat, office, personal or business documents, etc. if the circumstances justify the search without a warrant. Because there are many shades of gray with search and seizure, it is imperative to consult an experienced criminal defense attorney.
What determines whether my crime is state or federal?
Often drug charges will violate both a state and a federal law. In theory, the offender could be prosecuted in both systems for the same criminal activity, but in practice this rarely happens. Most federal and state prosecutors divide up criminal charges based on availability of resources, which statute most closely fits the criminal conduct, available punishment in each system, and each system's policy considerations. If accused of a drug charge, it is crucial to contact an attorney who understands both systems through long experience.
Call the Law Offices of Gregory Scott Robey today for immediate legal assistance from an Ohio criminal lawyer. All information about your case will be kept strictly confidential. 1 (216) 581-8200
