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. (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. If the substance is hashish, the alleged crime is considered trafficking in hashish. (c) Except as otherwise provided in this division, if the amount of the drug involved equals or exceeds five grams but is less than ten grams of cocaine, trafficking in cocaine is a felony of the fourth degree, and division (B) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term for the offense. (e) Except as otherwise provided in this division, if the amount of the drug involved equals or exceeds five thousand grams but is less than twenty thousand grams, trafficking in marihuana is a felony of the third degree, and there is a presumption that a prison term shall be imposed for the offense. Schedule IV drugs have a lower potential for abuse than Schedule III drugs and have accepted medical uses in the United States. Ohio classifies felony offenses into five levels or degrees. Kennebunk Drug Bust. 7031 Koll Center Pkwy, Pleasanton, CA 94566. 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 hashish is a felony of the second degree, and there is a presumption that a prison term shall be imposed for the offense. 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. 1040 (1938), 21 U.S.C.A. (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. Except as otherwise provided in division (H)(1) of this section, a mandatory fine or any other fine imposed for a violation of this section is subject to division (F) of this section. (3) Notwithstanding any contrary provision of section 3719.21 of the Revised Code, the clerk of the court shall pay any fine imposed under division (H)(1) of this section to the eligible community addiction services provider specified pursuant to division (H)(2) of this section in the judgment. The offense of drug trafficking can be charged on a state level, federal level or both. 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 . Kevin "Ock" May: 31-years-old from Columbus, Ohio. The actual charges that a defendant will face range from a misdemeanor to a felony. (7) If the drug involved in the violation is hashish or a compound, mixture, preparation, or substance containing hashish, whoever violates division (A) of this section is guilty of trafficking in hashish. (g) If the amount of the drug involved equals or exceeds 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 controlled substance analog is a felony of the first degree, the offender is a major drug offender, and the court shall impose as a mandatory prison term a maximum first degree felony mandatory prison term. Trafficking: O.R.C. 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. Schedule II drugs include drugs likehydrocodone, opium, methamphetamine and opium which have a great potential for abuse and a minimal medical use. (b) Except as otherwise provided in division (C)(2)(c), (d), or (e) of this section, if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, trafficking in drugs 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. 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. Call or request a free quote today to see how we can help you! Section 2925.041 - Illegal assembly or possession of chemicals . 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 . (b) Except as otherwise provided in division (C)(9)(c), (d), (e), (f), (g), or (h) 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 a fentanyl-related compound 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. (g) If the amount of the drug involved equals or exceeds one thousand unit doses or equals or exceeds 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 heroin is a felony of the first degree, the offender is a major drug offender, and the court shall impose as a mandatory prison term a maximum first degree felony mandatory prison term. 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 L.S.D. Charles M. Rowland II has been representing the accused drunk driver for over 20 years. This last group of medications includes fentanyl, hydrocodone, hydromorphone, methadone and oxycodone. (G)(1) If the sentencing court suspends the offender's driver's or commercial driver's license or permit under division (D) of this section or any other provision of this chapter, the court shall suspend the license, by order, for not more than five years. Contact him at (937) 318-1384 if you find yourself facing a DUI (now called OVI) charge. Section 2925.04 - Illegal manufacture of drugs - illegal cultivation of marihuana - methamphetamine offenses. 18, 2001, for one count of aggravated murder with a firearm specification. Effective: July 21, 2022. (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 you are unfamiliar with the judicial system you are likely scared to death and wondering what will happen. As a result of the investigation, police located 114 grams of cocaine base and 10 grams of a suspected . 1187 Ohio Pike Amelia, Ohio 45102. Statutes and Definitions. is a felony of the third degree, and, except as otherwise provided in this division, there is a presumption for a prison term for the offense. He has a strong track record of defending criminal suspects in the capital city and throughout Franklin County. Punishment for a class 5 felony is: Probation (only if under threshold); Between .5 and a maximum of 2.5 years in prison. It provides that. Section 2925.02 - Corrupting another with drugs. There was one sealed drug indictment, Anderson said. Trafficking in marijuana is generally a felony of the fifth degree. Schedule II drugs include cocaine, methamphetamines, Adderall, Ritalin, and a range of prescription painkillers classified as opioids. Phone 419-223-1010 Fax 419-229-2926 Address: 3515 Elida Road, Lima OH, 45807 If trafficking in cocaine 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. In Ohio,O.R.C. 4301.62. According to Ohio Revised Code Section Section 2925.041, it is illegal for any person to assemble or possess with intent one or more chemicals that may be utilized to . Code 2925.03(C)(2) , generally only applies to controlled substances listed in schedules III, IV or V of Ohio's drug schedule. We would like to help you if we can. one or more of the following charges: engaging in a pattern of corrupt activity, participating in a criminal gang, aggravated trafficking in drugs (fentanyl, carfentanil, or oxycodone), aggravated trafficking in heroin . The penalty for the offense shall be determined as follows: (a) Except as otherwise provided in division (C)(4)(b), (c), (d), (e), (f), or (g) of this section, trafficking in cocaine 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. (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 or equals or exceeds one gram but is less than five grams, trafficking in heroin is a felony of the fourth degree, and division (B) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term for the offense. The penalty for the offense shall be determined as follows: (a) Except as otherwise provided in division (C)(8)(b), (c), (d), (e), (f), or (g) of this section, trafficking in a controlled substance analog is a felony of the fifth degree, and division (C) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender. Trafficking in cocaine is generally a felony of the fifth degree. (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 five hundred unit doses or equals or exceeds ten grams but is less than fifty grams, trafficking in heroin is a felony of the second degree, and the court shall impose as a mandatory prison term a second degree felony mandatory prison term. Ohio Revised Code, Section 2953.36 lists and references other convictions that cannot be expunged. If you need advice or representation from a drug possession lawyer who handles drug possession defense work in Columbus and Franklin County, consider reaching out to Colin Maher of The Maher Law Firm. (e) If the amount of the drug involved equals or exceeds fifty times the bulk amount but is less than one hundred times the bulk amount 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, aggravated trafficking in drugs is a felony of the first degree, and the court shall impose as a mandatory prison term a first degree felony mandatory prison term. is a felony of the first degree, and the court shall impose as a mandatory prison term a first degree felony mandatory prison term. Columbus, Ohio 43215. Certain facts will change the level of felony and, therefore, the possible penalties. The community addiction services provider shall file the report no later than the first day of March in the calendar year following the calendar year in which the services provider received the fine moneys. Except as otherwise provided in division (C)(1)(b), (c), (d), (e), or (f) of this section, aggravated trafficking in drugs 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 . State v. Ellis, 8th Dist. Darel Mooney, 15 Chestnut St., Franklin; indicted on two counts of aggravated trafficking in drugs. The penalty for the offense shall be determined as follows: (a) Except as otherwise provided in division (C)(2)(b), (c), (d), or (e) of this section, trafficking in drugs 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. Welcome to the Clermont County Sheriff's Office web site. The task force says three search warrants were executed in Pike County on Dec. 22, 2022 that resulted in a variety of charges including Aggravated Drug Trafficking, Aggravated Drug Possession . If applicable, the court also shall do the following: (1) If the violation of division (A) of this section is a felony of the first, second, or third degree, the court shall impose upon the offender the mandatory fine specified for the offense under division (B)(1) of section 2929.18 of the Revised Code unless, as specified in that division, the court determines that the offender is indigent. If a person is charged with a violation of this section that is a felony of the first, second, or third degree, posts bail, and forfeits the bail, the clerk of the court shall pay the forfeited bail pursuant to divisions (D)(1) and (F) of this section, as if the forfeited bail was a fine imposed for a violation of this section. Trafficking in hashish is generally a felony of the fifth degree. Call Johnson Legal, LLC at (614) 987-0192 or send an email to schedule a consultation to discuss your drug trafficking case. 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. These factors are called "aggravating factors" and make the crime considered a . 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 hashish 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. (f) 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 heroin is a felony of the first degree, and the court shall impose as a mandatory prison term a first degree felony mandatory prison term. Trafficking Charges and Punishments. (f) If the amount of the drug involved equals or exceeds twenty-seven grams but is less than one hundred grams of cocaine 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 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. Examples of Schedule I drugs are Ecstasy, heroin, LSD, and peyote. 5 counts of aggravated trafficking in drugs, 1 third degree felony and 4 fifth degree felonies, 2 count of aggravated possession of . 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 second degree, and there is a presumption that a prison term shall be imposed for the offense. Accussed of an offense? Jessica Lovely, 36, and Michael Drake, 54, were charged with Class A felony . They will seek and impose maximum sentences. The crime is one of the few in Maine that has a mandatory minimum prison sentence. 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. 3719.41. 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, aggravated trafficking in drugs is a felony of the second degree, and the court shall impose as a mandatory prison term a second degree felony mandatory prison term. 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 third degree, and there is a presumption for a prison term for the offense. (F)(1) Notwithstanding any contrary provision of section 3719.21 of the Revised Code and except as provided in division (H) of this section, the clerk of the court shall pay any mandatory fine imposed pursuant to division (D)(1) of this section and any fine other than a mandatory fine that is imposed for a violation of this section pursuant to division (A) or (B)(5) of section 2929.18 of the Revised Code to the county, township, municipal corporation, park district, as created pursuant to section 511.18 or 1545.04 of the Revised Code, or state law enforcement agencies in this state that primarily were responsible for or involved in making the arrest of, and in prosecuting, the offender. Richard Kyle Sparks, 10192 Walnut St., Pleasant Plain; indicted on one count each of aggravated . The U.S. Below are the standard charges associated with felony drug possessions in Ohio: F1 Drug Trafficking - Usually comes with three to eleven years of prison time and associated fines of up to $20,000. . Shelly Mathias was booked into the Scioto County Jail on charges of aggravated drug trafficking Friday. What is Aggravated Trafficking. Trafficking in drugs is generally a felony of the fifth degree. (8) If the drug involved in the violation is a controlled substance analog or compound, mixture, preparation, or substance that contains a controlled substance analog, whoever violates division (A) of this section is guilty of trafficking in a controlled substance analog. 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. (C) Whoever violates division (A) of this section is guilty of one of the following: (1) If the drug involved in the violation is any compound, mixture, preparation, or substance included in schedule I or schedule II, with the exception of marihuana, cocaine, L.S.D., heroin, any fentanyl-related compound, hashish, and any controlled substance analog, whoever violates division (A) of this section is guilty of aggravated trafficking in drugs. According to court documents, in the spring of 2017, the FBI began an investigation into a drug trafficking organization importing kilograms of cocaine and other narcotics to be sold in Toledo, Ohio. Enacted in the 1980's, the federal sentencing guidelines for drug trafficking impose significant penalties for people convicted of federal drug trafficking crimes. If the substance is cocaine, the alleged crime is considered trafficking in cocaine. That a defendant will face range from a misdemeanor to a felony of the fifth degree felonies, count... M. 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