Illegal Search & Seizure Defense Lawyer in Cleveland, Ohio
Experienced attorneys dedicated to protecting your rights in assault and battery cases.
Many drug arrests in Ohio stem from unlawful searches and seizures conducted by law enforcement. If your Fourth Amendment rights were violated, evidence obtained through an illegal stop, search, or warrantless seizure may be inadmissible in court. Suppressing such evidence can lead to a dismissal of charges. At Patrick M. Farrell Co. L.P.A., we aggressively challenge unconstitutional searches, illegal traffic stops, and unlawful home raids. If you were arrested based on an unlawful search, we will fight to have the charges dismissed and your rights protected.
Understanding Illegal Search & Seizure in Ohio
Many drug charges in Ohio stem from searches and seizures conducted by law enforcement. However, not all searches are legal. The Fourth Amendment protects individuals from unlawful searches, meaning that if police obtain evidence without a proper warrant or probable cause, it may be inadmissible in court. If evidence was obtained illegally, it can significantly weaken the prosecution’s case and may lead to charges being reduced or dismissed.
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How Illegal Search & Seizure Affects Drug Cases in Ohio
Under Ohio Revised Code § 2933, law enforcement must follow strict legal procedures when conducting searches. Drug-related charges often result from:Warrantless Searches – Police must have a valid warrant or probable cause to search your property.Traffic Stops Without Justification – Officers must have a legal reason to stop and search a vehicle.Improper Use of Drug Dogs – Drug-sniffing dogs must be properly trained, and prolonged stops to wait for a K-9 unit may be unconstitutional.Unlawful Home Searches – A search of a home without consent, a warrant, or exigent circumstances is illegal.Coerced Consent – If officers pressured you into allowing a search, it may not be valid.
Drug Manufacturing
Diversion & Alternative Sentencing
Drug Trafficking & Distribution
Drug Possession
Drug Crimes
Prescription Drug Crimes
Felony Drug Offenses
Penalties for Drug Crimes Resulting from Illegal Searches
Even if a search was conducted unlawfully, drug charges can still carry serious penalties, including:Misdemeanor Possession – Up to 180 days in jail and fines up to $1,000.Felony Drug Charges – 6 months to 11 years in prison and fines up to $20,000.Drug Trafficking – Mandatory prison sentences for large-scale distribution.Collateral Consequences of an Unlawful Drug ConvictionA permanent criminal record, impacting employment and housing.Loss of federal student loans and professional licenses.Civil asset forfeiture, where the government seizes property linked to drug activity.Immigration consequences for non-citizens, including deportation or denial of citizenship.
Penalties for Drug Manufacturing in Ohio
Felony Charges – Can range from third-degree felonies (up to 5 years in prison) to first-degree felonies (up to 11 years in prison).Fines – Up to $20,000, plus asset forfeiture.Enhanced Penalties – Increased sentences for manufacturing near schools or involving minors.Collateral Consequences of a Drug Manufacturing ConvictionLoss of employment and housing opportunities.Federal asset forfeiture, including homes, vehicles, and bank accounts.Ineligibility for federal financial aid or public benefits.Permanent criminal record affecting future legal rights.
Penalties Avoided with Alternative Sentencing
By participating in a diversion program, eligible defendants may avoid:Misdemeanor Penalties – Up to 180 days in jail and fines up to $1,000.Felony Drug Sentences – 6 months to 11 years in prison and fines up to $20,000.Long-term criminal records – Completing a program may result in case dismissal and record sealing.Collateral Consequences of a Traditional Drug ConvictionIf an individual does not qualify for diversion or alternative sentencing, they may face:Difficulty obtaining employment or housing due to a criminal record.Loss of federal financial aid for higher education.Revocation of professional licenses for regulated professions.Increased penalties for any future drug-related offenses.
Penalties for Drug Trafficking in Ohio
Felony Charges – 6 months to life in prison, depending on the type and quantity of the drug.Fines – Up to $20,000 for high-level offenses.Mandatory Sentences – Certain trafficking offenses require prison time without parole.Collateral Consequences of a Drug Trafficking ConvictionPermanent criminal record restricting job and housing opportunities.Loss of professional licenses and certifications.Seizure of assets linked to drug activity.Enhanced penalties for repeat offenses.
Penalties for Drug Possession in Ohio
Misdemeanor Possession – Up to 180 days in jail and fines up to $1,000.Felony Possession – 6 months to 11 years in prison and fines up to $20,000, depending on the substance and quantity.Aggravated Possession – Applies to Schedule I and II drugs, with mandatory prison sentences for large amounts.Collateral Consequences of a Drug Possession ConvictionA criminal record affecting employment and housing opportunities.Driver’s license suspension.Loss of federal student aid eligibility.Increased penalties for future offenses.
Penalties for Drug Crimes in Ohio
The penalties for drug offenses vary based on the classification of the drug, the quantity involved, and whether there was an intent to distribute.
Misdemeanor Drug Possession – Fines up to $1,000 and up to 180 days in jail.
Felony Drug Possession – 6 months to 11 years in prison and fines up to $20,000.
Drug Trafficking – 6 months to life in prison, with enhanced penalties for large-scale distribution.
Drug Manufacturing – Felony charges with mandatory prison sentences for operating drug labs or growing illegal substances.
Prescription Drug Fraud – Felony charges with penalties including imprisonment, fines, and loss of professional licenses.
Collateral Consequences of a Drug Conviction
Beyond criminal penalties, a drug conviction can have lasting repercussions, including:A permanent criminal record, affecting job opportunities and housing applications.Loss of federal student loan eligibility.
Driver’s license suspension for certain drug offenses.Loss of professional licenses for healthcare workers, commercial drivers, and other regulated professions.Immigration consequences for non-citizens, including deportation or denial of naturalization.
Penalties for Prescription Drug Crimes in Ohio
Misdemeanor Possession – Up to 180 days in jail and fines up to $1,000.Felony Possession or Trafficking – 6 months to 11 years in prison and fines up to $20,000.Prescription Fraud – Felony charges with potential loss of professional licenses.Collateral Consequences of a Prescription Drug ConvictionDifficulty obtaining future medical prescriptions.Loss of professional licenses for healthcare workers, CDL holders, and pharmacists.Ineligibility for government benefits and student loans.Permanent criminal record affecting employment and housing opportunities.
Penalties for Felony Drug Offenses in Ohio
Fifth-Degree Felony – 6 to 12 months in prison and fines up to $2,500.Fourth-Degree Felony – 6 to 18 months in prison and fines up to $5,000.Third-Degree Felony – 1 to 5 years in prison and fines up to $10,000.Second-Degree Felony – 2 to 8 years in prison and fines up to $15,000.First-Degree Felony – 3 to 11 years in prison and fines up to $20,000.Collateral Consequences of a Felony Drug ConvictionA permanent criminal record affecting employment and housing opportunities.Loss of voting rights and firearm ownership.Driver’s license suspension.Immigration consequences for non-citizens, including deportation.
Why Choose Patrick M. Farrell Co. L.P.A.?
At Patrick M. Farrell Co. L.P.A., we prioritize your rights and freedom. Our experienced team is dedicated to providing you with personalized defense strategies that yield results.
Your Defense Starts Here
When facing criminal charges, having a dedicated and experienced defense team by your side is crucial. At Patrick M. Farrell Co. L.P.A., we understand the stakes involved and are committed to building the strongest defense possible for you. Our team will work tirelessly to analyze every detail of your case and ensure your rights are protected.
We recognize that each case is unique, and we tailor our strategies to fit your specific situation. Our attorneys are skilled in navigating the complexities of criminal law, and we will guide you through every step of the legal process. With our support, you can feel confident in your defense and the choices you make.
Don’t leave your future to chance. The sooner you reach out to us, the sooner we can begin crafting a robust defense strategy. We are here to listen to your concerns, answer your questions, and provide the legal expertise you need to fight back against the charges.
Your freedom and reputation are on the line, and we take that responsibility seriously. Our commitment to you goes beyond just legal representation; we aim to be your trusted ally during this challenging time. Together, we will work towards the best possible outcome.
Take action now and let us help you reclaim control of your life. Contact us today to schedule a consultation and start building your strongest defense.
Get Your Free Consultation Today
Facing legal challenges? Our experienced team is here to help you every step of the way.
