Drug offenses, particularly Fourth and Fifth degree felony possession offenses, constitute the most common type of felony cases seen in the Common Pleas Court system. The unfortunate fact is that the majority of persons incarcerated in jail or prison in Ohio are there because of problems directly related to drug abuse.
Fortunately, there are alternatives to incarceration. Intervention in Lieu of Conviction is a statutory diversion program that is very effective at giving clients a second chance. Generally, the case must be a lower level, non-violent charge, and the Defendant must not have a prior felony record. If granted ILC, you must comply with the conditions of what is essentially probation. If you successfully complete the program, the charges are dismissed, and you are immediately eligible to have your record sealed.
In many drug cases, the case hinges upon the legality of traffic stops and resultant searches of vehicles or the person of the ultimate Defendant. Experience has shown that often the police can be “overzealous” in the way they conduct these encounters, often overstepping the bounds of legal searches and seizures. The outcome of the case can depend on a Motion to Suppress evidence, which can result in the state’s case being thrown out as inadmissible at trial.
When your freedom is on the line, you need a tough, experienced attorney on your side. Michael Booher has handled hundreds of felony drug cases. Call the Law Office of Michael Booher of Downtown Dayton Ohio immediately if you are charged or suspected of any drug case.