Drug Charges in Ohio?
Question by Lucretia: Drug charges in Ohio?
Someone I know is being charged with possession of a controlled substance. About ten years ago, this person was charged for the same or similar crime. Do these type of charges drop after so much time, or is this definitely considered a second offense? Also, the cop claimed to have pulled him over for speeding, yet he failed to issue a speeding ticket. Is there some sort of legal loophole around this since the cop has no proof of a valid reason for pulling him over to begin with?
Best answer:
Answer by T
If the police stopped him for speeding and had reason enough to believe he was in possession of controlled substance the police officer has every right to investigate him at the scene. Since he was charged with possession he must have been arrested on the spot and therefore the speeding violation becomes secondary as that is a traffic misdemeanor whereas the possession is a criminal felony.
Criminal misdemeanors and criminal felonies remain on your record for life so yes, his offense 10 years ago if convicted will count as his first offense and this as his second. Second offense will likely bring him some jail time and extended probation with supervised drug rehab. Get a good defense lawyer to plea bargain with the DAs office for as light a penalty as possible. Since this is a 2nd offense a public defender won’t be much help to him so he will have to spend at least $ 5000.00 for a reputable, experienced defense lawyer to get him through the plea or the pre-trial hearing.
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