If you've been charged with a drug crime in Hamilton County, experienced criminal defense attorneys Alex Deardorff and Tad Brittingham can help protect your rights and fight for your future. With decades of combined experience defending drug possession, trafficking, and federal drug charges throughout Cincinnati, West Chester, and Southern Ohio, our firm has successfully challenged illegal searches, secured charge dismissals, and negotiated favorable outcomes for clients facing serious drug offenses. We understand that drug charges threaten your freedom, career, and reputation, which is why we provide aggressive representation from the moment of arrest through trial.
Our Cincinnati and West Chester offices serve clients throughout Hamilton County and surrounding communities with free consultations and immediate legal protection for drug arrests. Whether you're facing marijuana possession charges, cocaine trafficking allegations, or federal drug conspiracy charges, attorneys Alex Deardorff and Tad Brittingham bring the courtroom experience, strategic thinking, and dedication necessary to achieve the best possible outcome in your case.
Drug Charges We Defend in Cincinnati & West Chester
As experienced drug crimes attorneys in Cincinnati and West Chester, Alex Deardorff and Tad Brittingham defend clients against all types of drug-related charges throughout Hamilton County and Southern Ohio. Our firm has successfully handled thousands of drug cases, from simple possession to complex federal trafficking conspiracies.
Possession Charges
Drug possession remains one of the most common criminal charges in Ohio. Our attorneys defend possession charges involving:
- Marijuana Possession: Simple possession and cultivation charges (learn about Ohio's marijuana laws)
- Cocaine Possession: Powder cocaine and crack cocaine charges
- Heroin Possession: Heroin and fentanyl-related offenses
- Methamphetamine Possession: Meth possession and manufacturing
- Prescription Drug Charges: Illegal possession of controlled prescription medications
- Synthetic Drug Charges: Possession of synthetic cannabinoids and bath salts
- LSD and Hallucinogens: Possession of psychedelic substances
Drug Trafficking and Distribution![Holding drug]()
Drug trafficking charges carry severe penalties including mandatory prison time. We defend clients accused of:
- Possession with Intent to Distribute: Charges based on quantity and evidence of distribution
- Drug Trafficking: Sale, distribution, or transportation of controlled substances
- Major Drug Offender Charges: Large-scale trafficking operations
- Drug Manufacturing: Cultivation, production, or methamphetamine labs
- Drug Conspiracy: Alleged participation in drug distribution networks
Aggravated Drug Offenses
- School Zone Violations: Drug offenses within 1,000 feet of schools
- Drug Trafficking Near Juveniles: Enhanced penalties for involving minors
- Aggravated Possession: Possession of large quantities suggesting trafficking
- Possession of Criminal Tools: Scales, packaging materials, weapons
Related Drug Charges
- Drug Paraphernalia: Possession of pipes, syringes, or drug-related equipment
- Prescription Fraud: Forging prescriptions or doctor shopping
- Drug Endangerment of Children: Drug offenses with children present
- Corrupting Another with Drugs: Providing drugs to another person
Plea Negotiations
When trial isn't the best option, we negotiate aggressively:
- Charge Reduction: Trafficking reduced to simple possession
- Quantity Reduction: Lower drug amount for reduced sentencing
- Avoid Mandatory Minimums: Negotiating charges without mandatory prison
- Treatment Options: Drug court or rehabilitation instead of prison
Ohio Drug Laws & Penalties
Ohio Drug Schedule Classifications
Ohio classifies controlled substances into five schedules based on potential for abuse and accepted medical use. For a detailed explanation, read our article on understanding Ohio drug laws. Understanding these classifications is crucial because penalties vary significantly:
- Schedule I: Heroin, LSD, marijuana, ecstasy (highest penalties)
- Schedule II: Cocaine, methamphetamine, oxycodone, fentanyl
- Schedule III: Anabolic steroids, ketamine, some codeine products
- Schedule IV: Xanax, Valium, Ambien (lower penalties)
- Schedule V: Cough medicines with small amounts of codeine (lowest penalties)
Drug Possession Penalties in Ohio
| Charge | Classification | Prison Time | Fine |
|---|---|---|---|
| Marijuana (< 100g) | Minor Misdemeanor | None | Up to $150 |
| Cocaine (< 5g) | 5th Degree Felony | 6-12 months | Up to $2,500 |
| Heroin (< 1g) | 5th Degree Felony | 6-12 months | Up to $2,500 |
| Methamphetamine (< 5g) | 5th Degree Felony | 6-12 months | Up to $2,500 |
Drug Trafficking Penalties
Drug trafficking offenses carry significantly harsher penalties than simple possession. Penalties increase based on:
- Drug Type: Schedule I and II drugs carry highest penalties
- Quantity: Larger amounts result in higher-degree felonies
- Location: School zones trigger mandatory prison time
- Prior Convictions: Enhanced sentencing for repeat offenders
- Violence or Weapons: Gun specifications add mandatory time
Mandatory Minimum Sentences
Ohio law requires mandatory minimum prison sentences for certain drug trafficking convictions:
- Major Drug Offender: Minimum 11 years for large-scale trafficking
- School Zone Trafficking: Additional mandatory time for school zone violations
- Repeat Trafficking: Enhanced mandatory minimums for prior convictions
- Fentanyl Trafficking: Increased mandatory terms due to opioid crisis
Collateral Consequences
Beyond criminal penalties, drug convictions carry serious long-term consequences:
- Employment Barriers: Difficulty obtaining jobs with criminal record
- Professional Licenses: Loss of medical, legal, or teaching licenses
- Housing Restrictions: Denial of public housing and rental applications
- Federal Benefits: Loss of student loans and federal aid
- Immigration Consequences: Deportation for non-citizens
- Firearm Rights: Permanent loss of gun ownership rights for felonies
Proven Drug Crimes Defense Strategies
As experienced criminal defense lawyers for drug charges in Hamilton County, we employ comprehensive defense strategies tailored to each client's unique circumstances. Our attorneys thoroughly investigate every aspect of your case to identify the strongest possible defenses.
Constitutional Defenses![drug crimes]()
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Many drug cases involve violations of constitutional rights that can lead to evidence suppression or case dismissal:
- Illegal Search and Seizure: Challenging violations of Fourth Amendment rights
- Lack of Probable Cause: Proving police lacked justification for search
- Warrantless Searches: Suppressing evidence from searches without valid consent or warrant
- Miranda Rights Violations: Excluding statements made without proper warnings
- Unlawful Traffic Stops: Challenging pretextual stops lacking reasonable suspicion
Challenging Evidence
Evidence collection and testing procedures must follow strict protocols. Our attorneys understand chain of custody requirements and challenge:
- Chain of Custody Issues: Demonstrating breaks in evidence handling
- Lab Testing Problems: Questioning accuracy and reliability of drug analysis
- Contamination or Tampering: Proving evidence was compromised
- Insufficient Quantity: Challenging weight measurements and testing methods
- Lack of Possession: Proving you didn't possess or control the drugs
Procedural Defenses
- Entrapment: Proving police induced you to commit a crime
- Missing Evidence: Challenging prosecution's inability to produce key evidence
- Witness Credibility: Exposing unreliable informants or biased testimony
- Statute of Limitations: Asserting time-barred prosecution
Alternative Sentencing Options
For eligible clients, we pursue alternatives to incarceration:
- Intervention in Lieu of Conviction: Treatment programs instead of conviction
- Drug Court Programs: Supervised treatment with dismissed charges upon completion
- Diversion Programs: First-time offender programs avoiding criminal record
- Probation: Community control instead of prison time
- Reduced Charges: Negotiating lesser offenses with minimal penalties
Defending Drug Possession Charges
Drug possession charges require immediate action and strategic defense. Our West Chester drug crimes attorneys and Cincinnati legal team have successfully defended countless possession cases by challenging the prosecution's evidence and protecting clients' constitutional rights.
Elements Prosecution Must Prove
To convict you of drug possession, prosecutors must prove beyond reasonable doubt:
- Knowledge: You knew the substance was present
- Control: You had actual or constructive possession
- Identity: The substance was actually an illegal drug
- Quantity: The amount determines the degree of offense
Common Possession Defenses
Our experienced attorneys use proven strategies detailed in our guide on legal defenses for drug possession charges in Ohio.
Lack of Possession or Control
We challenge whether you actually possessed or controlled the drugs, as explained in our article about where drugs were found and the importance of location:
- Constructive Possession Issues: Drugs found in shared spaces
- Multiple Occupants: Other people had equal access to drugs
- Temporary Control: You briefly possessed drugs belonging to another
- Unknowing Possession: You didn't know drugs were present
Valid Prescription Defense
- Legitimate Prescription: Proving lawful medical authorization
- Prescription Confusion: Taking medication prescribed to family member
- Generic vs. Name Brand: Mistaken identification of legitimate medication
Illegal Search and Seizure
The Fourth Amendment protects against unreasonable searches. Learn more about exceptions to search warrant requirements and how the exclusionary rule enforces Fourth Amendment rights. We challenge:
- Traffic Stop Justification: Whether police had reasonable suspicion
- Search Warrant Validity: Examining warrant applications and probable cause issues
- Consent to Search: Whether consent was voluntary and informed
- Plain View Doctrine: Whether drugs were actually in plain sight
- Vehicle Searches: Challenging warrantless automobile searches
First-Time Offender Options
Ohio provides alternatives for first-time drug offenders:
- Intervention in Lieu of Conviction: Complete treatment and charges dismissed
- Diversion Programs: Avoid conviction through compliance
- Deferred Prosecution: Charges held in abeyance pending compliance
- Sealed Records: Eligibility for record sealing after completion
Drug Trafficking Defense
Drug trafficking charges represent some of the most serious criminal offenses in Ohio, often carrying mandatory prison sentences. Our experienced drug trafficking defense lawyers in Cincinnati and West Chester provide aggressive representation against trafficking allegations throughout Hamilton County and federal court.
Understanding Trafficking Charges
Ohio law defines trafficking broadly. You can be charged with trafficking for:
- Selling or Distributing: Any sale of controlled substances
- Possession with Intent: Large quantities suggesting distribution
- Transportation: Moving drugs across jurisdictions
- Manufacturing: Producing or cultivating controlled substances
- Conspiracy: Agreeing to participate in drug distribution
Evidence Prosecutors Use
Trafficking cases often rely on circumstantial evidence:
- Quantity of Drugs: Amount exceeding personal use
- Packaging: Individual bags or portions
- Scales and Measuring Devices: Evidence of distribution preparation
- Large Amounts of Cash: Unexplained currency
- Cell Phone Records: Text messages and call patterns
- Customer Lists: Names and contact information
- Surveillance Evidence: Undercover operations or wiretaps
Trafficking Defense Strategies
Challenging Possession with Intent
We attack the prosecution's claim that you intended to distribute:
- Personal Use Argument: Quantity consistent with personal consumption
- Bulk Purchase Defense: Buying larger amounts for personal savings
- Paraphernalia Explanation: Legitimate reasons for scales or packaging
- Lack of Distribution Evidence: No customers, transactions, or communications
Suppressing Evidence
- Illegal Wiretaps: Challenging electronic surveillance authorization
- Confidential Informant Issues: Exposing unreliable informants
- Search Warrant Defects: Attacking warrant affidavits and execution
- Entrapment Defense: Proving police induced trafficking activity
Conspiracy Defenses
Drug conspiracy charges cast a wide net. We defend by proving:
- No Agreement: You never agreed to participate in drug distribution
- Mere Association: Knowing drug dealers doesn't prove participation
- Withdrawal from Conspiracy: You ceased involvement before arrest
- Insufficient Evidence: Weak circumstantial proof of participation
Federal Drug Crimes Defense
Federal drug charges require attorneys with federal court experience. Our Cincinnati firm represents clients in the Southern District of Ohio federal court facing serious federal drug offenses that carry lengthy mandatory minimum sentences and no possibility of parole.
When Drug Cases Become Federal
Drug cases are prosecuted federally when involving:
- Large Quantities: Substantial amounts triggering federal interest
- Interstate Activity: Drugs crossing state lines
- Conspiracy: Multi-person drug distribution networks
- Federal Property: Offenses on federal land or facilities
- International Trafficking: Drugs imported from other countries
- Continuing Criminal Enterprise: Ongoing drug operations
Federal vs. State Drug Charges
Federal cases differ significantly from state prosecutions:
- Federal Sentencing Guidelines: Complex calculation determining prison time
- Mandatory Minimums: Strict minimum sentences based on drug type and quantity
- No Parole: Federal prisoners serve at least 85% of sentence
- U.S. Attorneys: Experienced federal prosecutors with vast resources
- Federal Investigators: DEA, FBI, ATF involvement in cases
- Longer Sentences: Generally harsher penalties than state court
Common Federal Drug Charges
Drug Conspiracy (21 U.S.C. § 846)
Federal conspiracy charges are broad and dangerous:
- Agreement to Distribute: Simply agreeing to participate is criminal
- Pinkerton Liability: Responsible for co-conspirators' actions
- Overt Act Required: Any act in furtherance of conspiracy
- All Participants Liable: Charged with full conspiracy quantity
Drug Trafficking (21 U.S.C. § 841)
- Possession with Intent: Federal distribution charges
- Manufacturing: Production or cultivation operations
- Importation: Bringing drugs into United States
- Distribution: Selling or delivering controlled substances
Federal Mandatory Minimum Sentences
Federal law requires minimum prison terms based on drug type and quantity:
| Drug Type | Quantity | Minimum Sentence |
|---|---|---|
| Cocaine | 500g-4.999kg | 5 years |
| Cocaine | 5kg or more | 10 years |
| Heroin | 100g-999g | 5 years |
| Methamphetamine | 5g-49g (pure) | 5 years |
| Fentanyl | 40g-399g | 5 years |
Federal Drug Crime Defense
Defending federal cases requires specialized knowledge:
- Sentencing Guideline Challenges: Arguing for lower guideline calculations
- Safety Valve: Qualifying for exception to mandatory minimums
- Substantial Assistance: Cooperation for reduced sentences
- Suppression Motions: Challenging federal investigations and searches
- Sentencing Advocacy: Presenting mitigation to minimize prison time
Challenging Illegal Searches and Seizures
The Fourth Amendment protects against unreasonable searches and seizures. Many drug cases are won by suppressing illegally obtained evidence. Our experienced drug crimes attorneys thoroughly analyze every search to identify constitutional violations.
Your Fourth Amendment Rights
Police must respect constitutional protections:
- Warrant Requirement: Most searches require valid warrant
- Probable Cause: Police need specific facts justifying search
- Scope Limitations: Searches limited to area specified in warrant
- Consent Must Be Voluntary: No coercion to consent to search
Common Search and Seizure Issues
Traffic Stops and Vehicle Searches
Most drug arrests begin with traffic stops. We challenge:
- Pretextual Stops: Using minor violations as excuse for drug investigation
- Lack of Reasonable Suspicion: No valid reason for initial stop
- Prolonged Detention: Extending stop beyond traffic purpose
- Vehicle Search Justification: Whether police had authority to search
- Drug Dog Alerts: Reliability and timing of K-9 deployments
Search Warrants
We scrutinize every aspect of search warrant execution. Learn more about search warrant requirements and limitations:
- Probable Cause Deficiency: Insufficient facts in warrant affidavit
- Stale Information: Outdated intelligence not supporting current probable cause
- Informant Reliability: Uncorroborated tips from unreliable sources
- Execution Problems: Improper knock-and-announce or scope violations
- Particularity Issues: Overly broad warrant descriptions
Consent Searches
Police often claim you consented to search. We prove:
- Coerced Consent: Threats or intimidation nullifying consent
- Scope Exceeded: Search went beyond what you authorized
- Lack of Authority: Person consenting had no authority over property
- Implied Coercion: Show of force creating coercive atmosphere
Home Searches
Your home receives maximum Fourth Amendment protection:
- Warrant Requirement: Nearly all home searches require warrant
- Exigent Circumstances: Challenging emergency justifications
- Plain View Issues: Whether drugs were actually visible
- Protective Sweeps: Exceeding scope of safety check
Suppression Motions
When we identify constitutional violations, we file motions to suppress evidence:
- Exclusionary Rule: Illegally obtained evidence cannot be used
- Fruit of Poisonous Tree: Evidence derived from illegal search also suppressed
- Suppression Hearings: Judge determines if search was lawful
- Case Dismissal: Successful suppression often results in dismissal
Frequently Asked Questions About Drug Crimes in Ohio
What should I do if I'm arrested for drug possession in Cincinnati?
Exercise your right to remain silent immediately, request an attorney before answering any questions, do not consent to searches of your property or vehicle, and contact an experienced drug crimes defense lawyer as soon as possible. Never discuss your case with police, cellmates, or anyone except your attorney, as anything you say can be used against you. Document everything you remember about the arrest, including officer names, witness information, and circumstances of the search.
What is the difference between drug possession and drug trafficking in Ohio?
Drug possession involves having controlled substances for personal use, typically charged based solely on quantity. Drug trafficking involves possession with intent to sell or distribute, which prosecutors prove through large quantities, individual packaging, scales, large amounts of cash, cell phone records, or witness testimony. Trafficking charges carry significantly more severe penalties including mandatory prison time, while simple possession may qualify for diversion programs or probation.
Can drug charges be reduced or dismissed in Hamilton County?
Yes, drug charges can be reduced or dismissed through various defense strategies. Common approaches include challenging illegal searches and Fourth Amendment violations, questioning evidence handling and chain of custody problems, proving constitutional violations during arrest, negotiating plea agreements for reduced charges, utilizing intervention in lieu of conviction programs for first-time offenders, or demonstrating lack of knowledge or control over the drugs. Our Cincinnati criminal defense law firm for drug crimes has successfully achieved dismissals and reduced charges in countless cases.
What are the penalties for drug trafficking in Ohio?
Ohio drug trafficking penalties vary significantly by drug type and amount. Trafficking can range from a fifth-degree felony with 6-12 months imprisonment and up to $2,500 fine to a first-degree felony with 3-11 years imprisonment and up to $20,000 fine. Major drug offender charges carry mandatory minimum 11-year prison sentences. Federal trafficking charges involve even longer mandatory minimums, potentially decades of imprisonment. Penalties increase dramatically for school zone violations, involving minors, or repeat offenses.
How does a drug crimes attorney defend possession charges?
Effective possession defense strategies include challenging illegal searches and Fourth Amendment violations, proving lack of knowledge about drugs' presence, demonstrating lack of control over drugs found in shared spaces, questioning lab testing accuracy and chain of custody procedures, showing valid prescription for controlled substances, negotiating diversion programs for first-time offenders, and seeking case dismissal based on police procedural errors. Every case requires thorough investigation to identify the strongest defense approach.
What is the difference between state and federal drug charges?
Federal drug charges typically involve larger quantities, interstate trafficking, conspiracy cases, or drugs crossing state lines. Federal cases have mandatory minimum sentences that judges cannot reduce, stricter penalties with no parole, prosecution by experienced U.S. Attorneys with vast resources, and investigation by DEA or FBI. State drug charges in Ohio are prosecuted in Hamilton County courts with potentially more flexible sentencing options, eligibility for diversion programs, possibility of probation, and negotiated plea agreements. Federal convictions carry minimum 85% service of sentence.
Hamilton County & Butler County Drug Crime Courts
Hamilton County Courts
Our Downtown Cincinnati office regularly practices in all Hamilton County courts handling drug crime cases:
Hamilton County Municipal Court
- Location: 1000 Sycamore Street, Cincinnati, OH 45202
- Jurisdiction: Misdemeanor drug possession and paraphernalia charges
- Drug Court: Specialized treatment program for eligible defendants
- Diversion Programs: First-time offender options available
Hamilton County Court of Common Pleas
- Location: 1000 Main Street, Cincinnati, OH 45202
- Jurisdiction: Felony drug charges including trafficking and aggravated possession
- Intervention Programs: Intervention in lieu of conviction available
- Sentencing: Experienced with complex drug sentencing issues
U.S. District Court - Southern District of Ohio
- Location: Potter Stewart U.S. Courthouse, 100 E 5th Street, Cincinnati, OH 45202
- Jurisdiction: Federal drug trafficking, conspiracy, and importation cases
- Federal Sentencing: Mandatory minimums and sentencing guidelines apply
- Experienced Representation: Federal cases require specialized knowledge
Butler County Courts
Our West Chester office serves clients throughout Butler County:
Butler County Municipal Court
- Hamilton Division: 345 High Street, Hamilton, OH 45011
- West Chester Cases: Handled by Hamilton division
- Local Knowledge: Familiar with Butler County prosecutors and judges
- Treatment Options: Drug court and diversion programs available
Butler County Court of Common Pleas
- Location: 130 High Street, Hamilton, OH 45011
- Felony Drug Cases: Trafficking and serious possession charges
- Plea Negotiations: Experience with local plea bargaining practices
Surrounding Areas We Serve
Providing Ohio drug crimes defense representation throughout:
- Hamilton County: Cincinnati, Springdale, Forest Park, Norwood, Blue Ash
- Butler County: West Chester, Hamilton, Middletown, Fairfield, Oxford
- Clermont County: Batavia, Milford, Loveland, Amelia
- Warren County: Lebanon, Springboro, Mason, Franklin
- Northern Kentucky: Covington, Newport, Florence, Fort Thomas
Why Choose Our Firm for Cincinnati Drug Crimes Defense
Facing drug charges in Cincinnati or West Chester puts your freedom, career, and future at risk. With decades of combined experience defending drug crimes throughout Hamilton County, Southern Ohio, and federal court, attorneys Alex Deardorff and Tad Brittingham have the knowledge, courtroom skill, and dedication to fight for your rights and freedom.
Meet Your Defense Team
Alex Deardorff and Tad Brittingham bring decades of combined criminal defense experience to every drug case. Named among Cincinnati's top criminal defense attorneys, they have successfully handled thousands of cases from simple possession to complex federal trafficking conspiracies. You can learn more about our criminal defense team and review our case results to understand our track record defending drug charges.
Proven Drug Crimes Experience
- Decades of experience defending drug charges in state and federal court
- Thousands of drug cases successfully defended throughout Ohio
- Federal court experience handling complex trafficking conspiracies
- Constitutional expertise suppressing illegally obtained evidence
- Trial experience winning acquittals in drug cases
- Negotiation success achieving reduced charges and alternative sentencing
Comprehensive Defense Approach
- Immediate investigation preserving crucial evidence
- Thorough case analysis identifying constitutional violations
- Aggressive motion practice suppressing illegally obtained evidence
- Expert witnesses challenging lab results and police procedures
- Strategic negotiation for reduced charges when appropriate
- Trial ready prepared to fight charges in court
Client-Focused Representation
- Free initial consultation to evaluate your case
- 24/7 availability for drug arrests and urgent matters
- Direct attorney access not passed to associates
- Clear communication about case strategy and options
- Affordable payment plans making defense accessible
- Personalized strategy tailored to your unique circumstances
Read client testimonials from people we've helped defend against drug charges and protect their freedom. For more information about what to expect when facing criminal charges, visit our guide on the legal process in Ohio.
Local Knowledge Matters
Our attorneys practice daily in Hamilton County and Butler County courts, providing:
- Prosecutor relationships enabling effective negotiations
- Judge familiarity understanding courtroom preferences
- Local court procedures navigating Hamilton County efficiently
- Community connections accessing local treatment resources
- Two office locations convenient to Downtown Cincinnati and West Chester
Areas We Serve
Providing Drug Crimes defense representation throughout:
- Hamilton County: Cincinnati, Springdale, Forest Park, Norwood
- Butler County: Hamilton, Middletown, Fairfield, Oxford
- Clermont County: Batavia, Milford, Loveland
- Warren County: Lebanon, Springboro, Mason
- Northern Kentucky: Covington, Newport, Fort Thomas
