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Luftman Heck Case ResultsIn this blog, we publish articles and stories we believe people will find useful in the areas of criminal defense and justice, OVI / DUI and other issues we think our visitors will find useful. If you have any tips or topics you would like us to write about, please feel free to suggest article topics by email us at advice@columbuscriminalattorney.com.

26
May 2017

How to Avoid a DUI on a Holiday

Whether it’s Christmas, Memorial Day, the Fourth of July, or spring break, many people like to celebrate by having a few alcoholic beverages. While a beer or two isn’t likely to cause much harm, many people overdo it and end up paying the price later after they attempt to drive home and get caught by a police officer. Because of this, it’s important to know how to avoid a DUI on a holiday.

With police officers more common on the roadways during the holidays, your chances of getting arrested for a DUI increase dramatically. Learn how to keep your license and prevent charges on your criminal record by following these tips from the Columbus DUI lawyers at Luftman, Heck & Associates.

If you are arrested or charged with a DUI, call us right away at to begin building a defense for your case.

DUI Prevention Tips

Follow these tips for safe and sober driving during the holidays:

  • Don’t drive drunk. This is the most obvious tip, but it bears repeating because many motorists fail to follow this rule. They think they’re sober enough to drive, but they end up failing a sobriety test. When it doubt, don’t drive.
  • Eat. Eating takes the edge off the buzz you may be feeling from ingesting a little too much alcohol. Once you start to feel intoxicated, stop drinking and have a bite to eat. Just avoid salty foods, which can cause you to drink more.
  • Pay attention to the road. If you aren’t intoxicated and do decide to drive home, stay alert. Don’t swerve or roll through stop signs. Eliminate distractions. Instead, focus on getting home as safely as possible without drawing attention to yourself.
  • Cooperate. If you do find yourself getting pulled over by a police officer, don’t act defensively. Be polite and comply with the officer’s requests. If you get angry and refuse to follow orders, you could face even worse penalties.
  • Get a ride home. Have someone who is sober drive you home. If you don’t have a designated driver, call a taxi or rideshare service such as Uber or Lyft. It’s better to pay for a ride home than to endanger yourself or others.
  • Plan to sleep over. If you’re at a party and can’t get a ride home, plan to stay overnight to sleep off the intoxication.

Getting Legal Help for a DUI

While you don’t necessarily have to give up your partying lifestyle, you do need to be responsible with your drinking habits during the holidays. If you do choose to drink, don’t drive. With ridesharing services now available to help you get home safely, there are no more excuses.

If you do get pulled over for drunk driving, don’t attempt to fight with the police officer. This will only make matters worse. Acting in a cooperative manner goes a long way.

Your next step is to contact a Columbus DUI lawyer from Luftman, Heck & Associates. We have many years of experience defending those accused of drunk driving.

Our extensive knowledge of the law can help you get your penalties reduced. We may even be able to eliminate the charge altogether. To learn more, give us a call at .

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Categories: DUI, Legal Blog

21
Apr 2017

Ohio’s New Concealed Carry Law

On March 21, 2017, SB 199, Ohio’s new concealed carry law, went into effect. The law makes significant changes to when and where firearms may be taken. It eliminates some gun-free zones and allows for easier access to guns by members of the military.

If you have questions about what this new law means for you, do not hesitate to consult a Columbus weapons lawyer from Luftman, Heck & Associates. Call us today at .

How SB 199 Impacts Private Businesses

In the past, private business owners had the right to ban guns on their properties. Now that SB 199 has gone into effect, the parking lots of private businesses which were previously known as gun-free zones permit guns. Employees who wish to do so must hold a valid concealed carry permit and keep their guns locked in their vehicle in the company lot while they are present. Although employers still have the right to ban weapons inside of their business, they can no longer prohibit employees with concealed carry permits from leaving their guns locked in their cars that are parked on their property.

The president of the Buckeye Firearms Association, Jim Irvine explained that an employee’s gun and vehicle are considered their private property and therefore, they have the right to defend themselves. He stated that an employer should not have a say in what an employee can and cannot do with their private property.

Gun Possession on Public Properties

For the first time ever, people with concealed carry permits are legally allowed to bring handguns into airport terminals, college campuses, and daycares. This applies to employees and others. For example, if a parent has a concealed carry permit, they no longer have to disarm before entering a daycare facility to drop off or pick up their children. Private business owners can still ban guns within the buildings; however, not in cars that are in parking lots.

Gun Ownership by Active Military Members

Additionally, SB199 waives the education and registration requirements for those in the active military who would like to obtain a concealed carry permit. Active military members with a valid military ID and documentation that proves they have successfully completed firearms training can forgo the education and registration requirements to which others must adhere.

How a Columbus Weapons Lawyer Can Help

If you are charged with a weapons crime in Ohio, you need an experienced Columbus weapons lawyer from Luftman, Heck & Associates by your side. They can investigate your situation, determine how Ohio’s new concealed carry law impacts your case, and design a solid defense strategy that may reduce your charges or get your case dismissed altogether.

Call us at to schedule your free case consultation.

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Categories: Legal Blog, Weapons Crimes

14
Apr 2017

What is an OVI / DUI “Look Back” Period?

If you’ve been convicted of driving under the influence (OVI/DUI) in Ohio more than once, expect the penalties to become stiffer. House Bill 388 – also known as Annie’s Law – was recently signed into law implementing a longer OVI/DUI “look back” period.

If you have been charged with an OVI/DUI, you need skilled legal defense. Contact our experienced Columbus DUI lawyers at today.

Annie’s Law Look Back Period

When assessing penalties for someone who is guilty of operating a vehicle under the influence (OVI), often referred to as a DUI, courts typically take into consideration prior offenses. Second, third, fourth, and subsequent DUIs can result in greater penalties. Prior to Annie’s Law, the court would add up the number of DUIs received over the last six years; however, that time period has now been extended to 10 years.

If you received a DUI while in college nine years ago and were recently charged with the same crime, you may have to face significant penalties that are impacted by decisions you made nearly a decade ago.

Stiffer Penalties for Subsequent DUIs

In addition to increasing the look-back period, Annie’s Law increases the length of license suspension for subsequent DUIs. Prior to the law, a second-time DUI conviction might result in a license suspension of up to five years; however, now the court can impose up to seven years if found guilty. A third offense used to result in up to 10 years of license suspension, which has now been upped to 12 years.

It’s important to know that license suspension is not the only punishment you could face. For a second or third offense, expect to pay thousands of dollars in fines and serve community service. You may also be forced to serve jail time or attend a treatment program.

A Columbus OVI / DUI Lawyer Can Help You

If you are accused of a DUI/OVI in Ohio, there are options available to you. In some cases, you may be able to plead guilty and face lesser charges. There are also various defenses that can help you reduce or eliminate our charges and penalties.

Contact Luftman, Heck & Associates today at to find out how we can help you.

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Categories: DUI, Legal Blog

31
Mar 2017

What Happens If I Don’t Comply with Sex Offender Registration in Ohio?

The criminal penalties for sex offenses are unique in that sex offenders are required to regularly register and report changes to a wide range of personal information from their residential address and employment to email addresses and phone numbers. Registered sex offenders are then listed in a publically available database, and in some instances, neighbors are notified when a sex offender moves into the area.

Sex offender registration can be incredibly damaging both personally and professionally and it is easy to see why some sex offenders might attempt to avoid registration. However, the penalties for failing to comply with sex offender registration rules in Ohio can be just as severe as the original sex offense.

If you have questions about registering as a sex offender, contact the knowledgeable Columbus sex crimes attorneys at Luftman, Heck & Associates today at .

Sex Offender Registration Requirements

The law regarding sex offender registration sets up different requirements for the frequency and duration of registration depending on the severity of the sexual offense. The registration requirements are set into three tiers, with Tier I being the least serious and Tier III being the most serious.

  • Tier I offenses include crimes such as voyeurism, pandering obscenity, and sexual imposition. Sex offenders convicted of Tier I crimes are required to register and verify their information annually for 15 years following their initial registration as a sex offender.
  • Tier II offenses include crimes such as compelling prostitution, kidnapping with sexual motivation, and pandering sexually oriented material involving a minor. Sex offenders convicted of Tier II crimes are required to register and verify their information every 180 days for 25 years following their initial registration as a sex offender.
  • Tier III offenses include crimes such as rape, sexual assault, and felonious assault with sexual motivation. Sex offenders convicted of Tier III crimes are required to register and verify their information every 90 days for the rest of their life.

Failure to Comply with Registration Laws

Not only do sex offenders have to provide periodic verification based on their tiers, but sex offenders of all tiers must promptly register with sheriffs in other counties if they enter that county for certain reasons or periods of time. For instance, a sex offender must register immediately if they enter a new county to attend an institution of higher learning. Ohio law does not differentiate between registration requirements, so any instance where a sex offender fails to register when they were required to do so can trigger severe penalties.

Ohio treats the failure to comply with sex offender registration as a serious offense and ties the penalties to the original sexual offense that lead to the registration requirement. The offense of failing to register is treated as the same level of offense as the highest level of sexual offense in the original conviction.

Failing to Register Can Lead to Prison

As the offense for failing to register is tied to the original crime, an example would be if a sex offender is required to register based on a first-degree felony conviction. The failure to comply with the sex offender registration laws would then also be considered a first-degree felony and the prison term for a first-degree felony in Ohio is between three and 11 years.

Ohio law underscores the seriousness of the failure to register by elevating the offense to a fourth-degree felony if the underlying sexual offense that required registration was a fifth-degree felony or misdemeanor. Fourth-degree felonies are punishable by six to 18 months in prison. Additionally, the failure to comply with sex offender registration would be considered a probation violation and could lead to the reimposition of prison time on the original sex offense.

How a Columbus Criminal Defense Lawyer Can Help

Ohio’s laws on sex offender registration impose an additional burden on those convicted of a sexual offense, even after the criminal penalties have been satisfied. The registration rules provide for many instances that require registration beyond the tier requirements, and it could be easy to make a mistake and end up facing time in prison for failing to comply with Ohio’s sex offender registration law.

If you are faced with sex offender registration requirements it is important to contact a knowledgeable Columbus criminal defense attorney who can help make sure you stay in compliance. If you’ve been charged with a sex offense, the surest way to avoid the requirements of sex offender registration is to mount a strong defense and avoid conviction.

Luftman, Heck & Associates has experienced Ohio criminal defense lawyers who will work hard to achieve the best possible outcome in your case. Call us today at for a free and confidential consultation.

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Categories: Legal Blog, Sex Offenses

15
Mar 2017

Choosing a Columbus DUI Defense Attorney

After being arrested for driving under the influence of drugs or alcohol, you face the task of defending yourself against serious criminal charges. Without any previous legal training or experience, this prospect is frightening. You likely have a number of questions. How can you challenge your DUI arrest? If you think you will be convicted, how can you avoid a harsh punishment like jail time? Your questions can be answered and your fears eased by working with a knowledgeable Columbus DUI defense attorney. However, choosing a lawyer can be a challenging task that requires time and research.

At Luftman, Heck & Associates, we are available to help you after you have been charged with a DUI in Ohio. We have years of experience having charges eliminated or minimizing the consequences of a conviction. Call us today at to schedule a free initial consultation.

How to Find an Attorney for your DUI

Your first steps to finding an attorney are conducting some online research for DUI defense lawyers in your area and then scheduling an initial consultation. During these steps, you should look for certain characteristics that define a strong defense attorney, such as experience, DUI-specific knowledge, and a track record of success. Often times, an attorney’s website will provide information about their education, number of years in practice, honors, and awards.

Utilize an Initial Consultation to Choose the Right Lawyer

While a website offers a great deal of information, you can learn even more about a lawyer and whether they are right for your situation through an in-person consultation. When you speak with an attorney, ask questions regarding:

Experience

When you need to hire an experienced DUI defense attorney, you need to know how long a lawyer has represented individuals like you against DUIs and related charges. You want someone who has years of experience handling a variety of complex DUI charges so that you can be sure they are ready for whatever happens in your case.

Attorney Benjamin Luftman of Luftman, Heck & Associates has practiced in Ohio for almost 15 years and demonstrated his proven experience in DUI defense by co-authoring a portion of a nationally published book titled “The Legality of Search and Seizure in DUI Cases” 2011 ed. This book is used by defense attorneys across the country.

Knowledge

While all licensed attorneys have a similar educational background and passed the state bar examination, not all attorneys will have the same level of knowledge regarding DUI offense. Lawyers can gain additional education and certifications that are helping in defending against drunk driving issues. For example, the attorneys at LHA are certified by the National Highway Traffic Safety Administration to conduct standardized field sobriety tests, just like police officers.

Client Communications

When you work with an attorney, you want to know you will receive timely updates on your case and can contact your lawyer when you have a question or concern. During an initial consultation, ask the lawyer how they handle client communications and what you can expect during your DUI case.

Costs

Before making a final decision about an attorney, ask about their fees. It is essential that you know how your lawyer will charge you for their time and how much. You should also ask about a retainer and any other upfront legal fees or court costs.

LHA offers a free consultation and will work hard to minimize the expenses in your case. In fact, it is more beneficial to spend money on an attorney than it is to lose time at work because you can’t drive or pay thousands of dollars in fines. Although attorney fees can be significant, your attorney will minimize the financial impact of your penalties after a DUI.

How Luftman, Heck & Associates Can Help You

Finding a knowledgeable and experienced attorney who can handle your DUI case in Ohio is not difficult. Luftman, Heck & Associates has a number of DUI defense attorneys who can help you. We understand how stressful a DUI charge is, which is why we aggressively fight for your right to retain your driving privileges and avoid jail.

Call us today at to schedule a free initial consultation.

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Categories: DUI, Legal Blog

22
Feb 2017

Ohio Police Become Certified in Use of Force

Between 2014 and 2016, the Ohio Collaborative Community-Police Advisory Board, commissioned by Gov. John Kasich in 2014, developed new standards for when the police may use force during interactions with civilians. The board also defined when deadly force is necessary and appropriate.

Once the advisory board finalized the state’s new standard for use of force, the state began the process of “certifying” law enforcement agencies across the state early last year. Certification means the agency complies with the state’s new standard. In addition to certifying the nearly 1,000 law enforcement agencies around the state, Ohio intends to publish a report by March 2017 regarding the agencies that have adopted the new standard to improve accountability. Police forces that do not meet the statewide standards will be listed as noncompliant.

This is the first initiative of this kind in Ohio and is meant to improve community-police relations and reduce arrest-related injuries and deaths. However, these new standards do not mean police officers will not intentionally or negligently mishandle situations. If you were subject to police brutality or an unlawful detainment or arrest, contact a Columbus criminal defense attorney at Luftman, Heck & Associates right away. Call us at to find out how we can help.

Ohio’s Use of Force Standard

According to the Ohio Collaborative Community-Police Advisory Board, employees are entitled to use the force reasonably necessary to effect lawful objectives, such as:

  • Completing a lawful arrest
  • Overcoming resistance to a lawful arrest
  • Preventing the escape of an offender
  • Preventing or defending others or themselves from physical harm

The advisory board also a developed policy for Ohio’s standard in regard to the use of deadly force. According to a statement from the policy board, the preservation of human life is the highest value within the state, which means employees must have an objectively reasonable belief that deadly force is necessary to protect life before using it. Deadly force may only be used:

  • To defend themselves from serious physical injury or death
  • To defend another person from serious physical injury or death
  • In accordance with all U.S. Supreme Court and Ohio Supreme Court decisions, specifically Tennessee v. Garner and Graham v. Connor

The collaboration also created standards for telecommunicator training, body cameras, recruitment and hiring, and community engagement.

Many of Ohio’s Largest Forces Are Certified

As of January 2017, the highway patrol and the Cincinnati, Columbus, Akron, Dayton, and Toledo police departments were certified. A number of mid-sized to small forces are already certified as well and a large number of agencies have applied in order to gain certification by the deadline. Many university police departments including Ohio University, Case Western Reserve, Miami University and Shawnee State are also participating in the initiative.

A full list of the agencies that are currently certified can be found on the Ohio Collaborative Community-Police Advisory Board’s site listed by county.

Some Forces Will Not Participate

There are law enforcement agencies around the state that have already said they will not seek certification. Some local forces say this is because they already meet the standards and participating in this program requires time and resources they do not have – particularly after state funding cuts.

Do You Need an Attorney?

Prior to this community collaboration and new statewide standards, police departments themselves should have had regulations on when to use force. However, police officers can willfully defy these standards or act carelessly or recklessly.

If you were injured or unlawfully arrested because of an officer’s violent or unnecessary behavior, you may be able to use police misconduct within your criminal defense strategy. Contact the attorneys of Luftman, Heck & Associates to learn more about the law enforcement agency in control of your arrest and whether you were the victim of police misconduct. We will analyze your case, explain your legal options, and help you defend your freedom in court.

To schedule a consultation with Luftman, Heck & Associates, call .

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Categories: Constitutional Rights, Criminal Defense, Legal Blog, Offenses Against Justice

15
Feb 2017

Annie’s Law Targets Drunk Drivers

Ohio is taking great strides this year to reduce the number of drunk drivers on its roads. The Ohio legislature passed House Bill 388 in December and it was signed into law by Gov. Kasich shortly after. Known as “Annie’s Law,” after Annie Rooney, a local prosecutor who was killed by a drunk driver, HB 388 increases the use of ignition interlock devices for individuals convicted of operating a vehicle under the influence (OVI) for the first time.

This option does not go into effect until April 1, 2017. However, if you are currently facing OVI charges, you may seek limited driving privileges or full driving privileges with an ignition interlock device. Judges have the discretion to provide this option in some cases. To learn more about your legal options and potential OVI defenses, contact a Columbus DUI defense attorney from Luftman, Heck & Associates at .

Annie’s Law

Starting April 1, ignition interlock devices will not only be for repeat offenders. These devices, which function as a breath test that must be taken and passed before a vehicle can turn on, will now be more readily available to first-time offenders who want to keep their driving privileges.

HB 388 includes a number of provisions that change how Ohio handles first-time OVI offenders, including:

  • Increases the duration of a license suspension for first-time offenders from six months to one year
  • Allows first-time offenders to ask the court for unlimited driving privileges with an ignition interlock device on their vehicle
  • Enables the court to grant unlimited driving privileges with an ignition interlock device on the offender’s vehicle
  • If the court grants unlimited driving privileges, it may suspend any jail term and reduce the license suspension by up to half
  • If the offender violates any terms or conditions of the license suspension, the offender may serve the suspended jail time
  • Compliance-based removal requires that any violations regarding the use of the ignition interlock device within the last 60 days of the license suspension increases the duration of the suspension and use of the device for another 60 days
  • Upon an ignition interlock device violation, the offender may be required to wear a continuous alcohol monitor for a period of time
  • Ignition interlock device violations include tampering with or attempting to circumvent the device or failing a breath test with the device
  • Extends the look back period for OVI offenses from six years to 10 years

The Benefits of Annie’s Law

This law stops OVI offenders from being able to use their vehicles if they have alcohol in their systems. An offender with an ignition interlock device on their car must blow a clean breath test before the vehicle will start. If the device detects alcohol on their breath, then the vehicle cannot be started for a set period of time. The device also records a log of this failed attempt, which can be viewed by the manufacturer and court. A failed attempt is a violation that increases the duration of the suspension and pushes back when the ignition interlock device can come off.

Ohio believes this will take more drunk drivers off the roads compared to license suspensions or limited driving privileges alone. It is difficult to enforce license suspensions or limited driver’s licenses, and they give offenders room to get behind the wheel after they have been drinking. Ignition interlock devices take this option away entirely while allowing offenders to get to and from work, school, appointments, and errands.

Ignition Interlock Devices Are Proven to Keep Drunk Drivers Off the Roads

Ignition interlock devices are proven effective. States with strict ignition interlock devices laws like West Virginia have seen a decrease in drunk driving fatalities up to 50 percent. A recent study by Johns Hopkins University, published this January, found that between 1982 and 2013, ignition interlock devices reduced fatal drunk driving crashes by 7 percent across the country. In total, 1,250 lives have been saved. Mothers Against Drunk Driving (MADD) conducted a nationwide survey as well and found ignition interlocks stopped more than 1.77 million attempts to drive while intoxicated.

Contact a Columbus DUI Defense Attorney for Help

Ignition interlock devices are beneficial for both the state and OVI offenders. If you made a mistake and are facing your first DUI charge, you will soon have the option to be able to keep driving as long as you remain sober. This enables you to avoid some of the harshest punishments of an OVI – jail and a license suspension.

At the moment, Annie’s Law is not in effect. The penalties for a first-time OVI with a blood alcohol content between .08 and .17 percent through the end of March is 72 hours to six months in jail, a six-month to three-year license suspension, and fines up to $1,000. However, judges do have the discretion to provide you with driving privileges if you agree to use an ignition interlock device.

To learn more about how to minimize the consequences of a DUI charge, contact the Columbus DUI Lawyers of Luftman, Heck & Associates at to schedule a consultation.

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Categories: DUI, Legal Blog, OVI / DUI

20
Jan 2017

Prosecutor Must Prove Actual Weight of Drugs, Not Fillers

When you are arrested for possessing, manufacturing, or selling drugs, the level of the offense depends on the type and amount of the drug based on weight. The weight of the drug you are accused of having is very important to your case. An incredibly small amount can lift your charge to a higher felony that adds years to a potential prison sentence. For instance, 20 grams of cocaine is charged as a third-degree felony while 21 grams will be charged as a second-degree felony. However, not all drugs are pure. In fact, a significant amount of illegal drugs manufactured and sold on the streets are mixed with other substances, known as fillers. In the past, prosecutors would weigh the total amount of the controlled substance and filler to determine the charge. A recent Ohio Supreme Court decision changes this procedure. Now, prosecutors are required to measure the actual weight of drugs without fillers in order to determine the appropriate charge.

If you have been charged with a crime based on the weight of a drug including the filler, call a Columbus criminal defense lawyer from Luftman, Heck & Associates as soon as possible. You may be able to fight your charges or sentence. Call us today at .

Ohio Supreme Court Case State v. Gonzales

In State v. Gonzales, the Ohio Supreme Court looked at whether the weight of cocaine mixed with another substance met the threshold for a specific charge or whether the prosecutor must charge based on the weight of only the cocaine. The issue arose because Rafael Gonzales was arrested for buying cocaine from a confidential informant. Of the two imitation bricks of cocaine Gonzales purchased, one contained cocaine weighing 139.2 grams in total and the other contained a tracking device. The bag that held the cocaine weighed between 3 to 20 grams. The prosecutors charged Gonzales with having more than 100 grams of cocaine, which is a first-degree felony and labels an individual a major drug offender. The prosecutor did not investigate whether the bag contained filler and if so, how much. At trial, the jury found Gonzales guilty of possessing cocaine equal to or more than 100 grams, which led to a mandatory prison sentence of 11 years.

Gonzales appealed to the Sixth District Court of Appeals. The appellate court reversed the decision upon finding the state must prove the defendant actually had the alleged weight of cocaine and not a cocaine mixture based on the clear wording of Ohio’s law. The state appealed to the Supreme Court, which took the case because the Second District Court of Appeals had decided differently in a similar situation.

Ultimately, the Supreme Court agreed with the Sixth District’s finding. The Supreme Court found that not only was Ohio’s statute unambiguously clear in its meaning of cocaine, but the legislator also intended to reduce the amount of cocaine that caused an automatically elevated sentence. By weighing only the cocaine, the prosecutors would adhere to the letter and intent of the law.

Prosecutors Must Charge Based on Actual Weight of Drugs

The Ohio Supreme Court’s decision is now the clear interpretation of Ohio’s drug law. All prosecutors throughout Ohio must now have illegal substances tested for other materials. If there are fillers present, the drug must be separated from that filler in order to be properly weighed. Prosecutors will only be able to charge defendants based on the weight of the actual drug and not a drug mixture, unless a statute particularly allows that.

Contact a Columbus Criminal Defense Lawyer for Help

This ruling may be good news for many defendants. Drugs like cocaine are often cut with other substances, diluting the purity of the drug. By weighing only the amount of the actual illegal substance, defendants are likely to face slightly lower sentences. However, whether or not this adjustment leads to an abundance of lower drug charges remains to be seen. For individuals accused of possessing relatively pure drugs, it is unlikely to make a significant difference

If you are currently facing drug charges, contact a Columbus criminal defense lawyer from Luftman, Heck & Associates right away. Defense attorneys must be vigilant regarding prosecutor’s actions in drug cases now. We will ensure that the substance you are accused of possessing is properly tested, separated, and weighed.

For more information about your options for defending against drug charges, call Luftman, Heck & Associates at .

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Categories: Criminal Defense, Drug Offenses, Legal Blog

13
Jan 2017

Selling Drugs to Minors in Ohio

Ohio takes the crime of selling drugs seriously. Yet if you are found to offer, sell, or distribute drugs close to a school or kids, then the offense is treated even more harshly. If you have been charged with selling drugs to or near minors in Ohio, you should contact a Columbus drug defense attorney as soon as possible. By working with a lawyer right away, you have a greater chance of obtaining the best possible outcome in your case and minimizing the consequences of the arrest or conviction.

If you are facing an Ohio drug charge, you have options. An experienced criminal defense attorney at Luftman, Heck & Associates can help. Call us today at to schedule a free initial consultation.

Defining the Crime: Selling Drugs in Ohio

Ohio Revised Code §2925.03 states it is illegal for any person to knowingly sell or offer to sell a controlled substance, or for an individual to prepare to ship, transport, deliver, or distribute a controlled substance when that individual knows or has reasonable cause to believe the controlled substance is intended for sale by another person. Additionally, Ohio law does not limit a “sale” to drugs exchanged for cash. Any gift, transfer, or barter for a controlled substance will be prosecuted under the law.

Ohio’s statute regarding the trafficking and distribution of controlled substances is broad. If the police find evidence a person is involved in the distribution, offer, transfer, or sale of an illegal drug in any way, he or she will be charged with a crime.

Possible Charges for Selling Drugs in Ohio

The level of offense a person will be charged with for selling, distributing, or offering an illegal substance depends on the drug, where the sale takes place, and who the individual sells or attempts to sell to. For instance, if the drug is a Schedule I or II narcotic (except for marijuana, hashish, cocaine, LSD, and controlled substance analogs), then the charge is aggravated drug trafficking, which is often a fourth-degree felony. Overall, drug trafficking and distribution charges can range from fifth- to first-degree felonies depending on the specific circumstances, punishable by:

  • Fifth-degree felony: Six to 12 month in prison, up to $2,500 fine
  • Fourth-degree felony: Six to 18 months in prison, up to $5,000 fine
  • Third-degree felony: One to five years in prison, up to $10,000 fine
  • Second-degree felony: Two to eight years in prison, up to $15,000 fine
  • First-degree felony: Three to 11 years in prison, up to $20,000 fine

Penalties for Selling Drugs to or Near Minors

Selling drugs to minors or near minors in Ohio is treated much more harshly than when the activity is only between, surrounded by, or visible to adults. If an individual is charged with selling, distributing, or offering drugs within the vicinity of a school or vicinity of at least one juvenile, then the charge of aggravated trafficking in drugs is a third-degree felony.

However, if the amount of drug within the individual’s possession at the time of the arrest is considered a bulk amount yet less than five times the bulk amount, and the incident occurs within the range of a school or minors, then the crime is a second-degree felony with a mandatory minimum prison sentence. When an individual is found to have between five and fifty times the bulk amount of a controlled substance near a school or minors, then it is a first-degree felony with a mandatory minimum prison sentence.

Selling Marijuana to Minors

Marijuana, hashish, cocaine, and LSD are treated slightly differently under §2925.03. An individual caught selling, trying to sell, or offering these drugs to juveniles in any way will face felony charges of different levels than other Schedule I and II drugs.

Selling marijuana is a fifth-degree felony. However, if an individual sells or distributes it near or a school or minors, they will be charged with a fourth-degree felony. If a person has between 200 and 1,000 grams of marijuana within the vicinity of a school or juveniles, then the crime is charged as a third-degree felony. This is a slightly less harsh than the crime of selling other controlled substances near or to kids, yet individuals accused of selling pot need to take the situation just as seriously as being charged with selling a harder drug.

What it Means to be Within the Vicinity of a School or Juveniles

Many times, individuals are charged with a harsher offense because the police state they were found near a school or minors. This can be confusing for defendants who had no idea they were near either a school or kids. Under §2925.01(P), within “the vicinity of a school” means the individual commits the offense:

  • On school premises
  • In a school building
  • Within 1,000 feet of the school premises’ boundaries

Section 2925.01(BB) states an offense is within “the vicinity of a juvenile” when the individual sells or distributes drugs:

  • Within 100 feet of a juvenile
  • Within view of a juvenile

It does not matter whether the individual knew they were on or near a school or if they knew another person was a minor or that a child could see what was going on. Ohio’s law is written in such a way that if the prosecutor can place the defendant within a certain distance from a school or person younger than 18 years old, then this mitigating factor increases the level of the crime.

A Columbus Drug Defense Attorney is Here to Help

Drug crimes can escalate quickly from a lesser felony to a second- or first-degree felony that results in a harsh mandatory minimum prison sentence. If you have been charged with selling or offering drugs to kids or near them, do not wait to get legal help. You need an experienced criminal defense lawyer as soon as possible to minimize the potential consequences of an arrest or conviction.

To learn more about your potential defenses to this crime, contact Luftman, Heck & Associates at to schedule a free consultation.

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Categories: Criminal Defense, Drug Offenses, Legal Blog

30
Dec 2016

What Happens to a First-time Petty Theft Offender

If you have been charged with petty theft, you might be wondering what to do next and asking yourself where you went wrong. At Luftman, Heck & Associates, we understand that shoplifting or other petty theft crimes are often a one-time mistake or occurred because you were pressured by your peers. The desire to be cool and fit in can be overwhelming, leading you to do something you normally wouldn’t consider.

If a mistake has landed you in the hot seat, you aren’t out of options. Our experienced petty theft attorneys can help you defend yourself against these charges or push for a pretrial diversion program in order to avoid a criminal conviction. We are prepared to aggressively represent you in court and do what is best for your future.

Call the theft attorneys with Luftman, Heck & Associates today at to schedule a free consultation.

Understanding Theft

If you are facing petty theft or other theft charges, you must first understand how Ohio law defines this crime. Under the state’s criminal code, theft can be more than simply walking out of a store with a few products in your pocket without paying. Statute 2914.02 defines theft as one person, with the intention of depriving the rightful owner of property or services, exerting control over or obtaining property or services:

  • Without consent of the owner
  • Beyond the scope of implied or express consent given by the owner
  • By threat
  • By intimidation
  • By deception

You can be charged with petty theft in a number of circumstances, from shoplifting to obtaining money, property, or services from someone else based on false promises. However, specific factors determine when prosecutors will charge you with petty theft versus grand or aggravated theft.

What is Petty Theft?

Under Ohio law, prosecutors will charge you with petty theft when you allegedly obtained services or took property worth less than $1,000, so long as the items are not a vehicle, firearm, or drugs. If you took one of these items or if you stole property or services from an individual with a disability, an elderly person or a service member, then you may be charged with a harsher offense than petty theft.

The Consequences of a Petty Theft Conviction

Petty theft is the lowest theft crime you can be charged with and is a first-degree misdemeanor. All other theft charges are felonies of a certain degree. Upon conviction of a first-degree misdemeanor, you may be sentenced to spend up to 180 days in the county jail and pay up to $1,000 in fines. You will also have a criminal record that can affect going to college, getting a good job, and renting an affordable apartment.

Options for First-time Offenders

When you are a first-time petty theft offender, which means you have no previous criminal convictions, there may be another option for you instead of jail time, such as a pretrial diversion program or a plea agreement. Diversion programs can differ greatly from county to county. However, the basic premise is the same. Instead of proceeding with a trial, you and the prosecutors agree to a program that includes supervision, community service, restitution, and possibly other elements for a set period of time.

Depending on your circumstances, you may be required to complete drug or alcohol testing, education or rehabilitation. If the courts believe your crime was motivated by addiction, you may be eligible for Intervention in Lieu of Conviction (IILC). Through this specific diversion program, you can receive court-supervised addiction treatment. This includes counseling, testing, community service, restitution, and remaining drug and alcohol-free for at least 12 months.

If you complete all elements of the diversion or IILC program successfully, the petty theft charges against you are dropped and you will not end up with a criminal record. However, if you do not complete the program, you will be found guilty of petty theft and can be punished to the fullest extent of the law.

Depending on the circumstances surrounding your arrest and your background, you may not be eligible for a pretrial diversion program. In this case, your attorney can attempt to negotiate a plea agreement with the prosecutor. As a first-time offender, your attorney may be able to negotiate an arrangement in which you avoid jail time and instead submit to probation, fines, restitution, and community service. It is not always possible to avoid a conviction. However, a skilled attorney can help you minimize the consequences of a conviction.

Call a Columbus Petty Theft Lawyer Today

Being charged with a crime for stealing is scary, particularly when prosecutors are saying you will go to jail and have to pay hefty fines that you cannot afford. Instead of being intimidated by the prosecutor’s worst case scenario, contact Luftman, Heck & Associates to learn about your legal options. Our experienced legal team is ready to analyze your situation and develop a strong defense for trial.

Give us a call at to schedule a free consultation.

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Categories: Legal Blog, Theft & Fraud

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Luftman, Heck & Associates LLP
580 E Rich St Fl 2
Columbus, OH 43215-5335
advice@columbuscriminalattorney.com

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