20,000 Convicted Drug Offenders' Cases Will Get Thrown Out

On every drug case that I represent someone, I file a motion to compel the testimony of the lab analyst performing tests (Ohio law presumes the validity of the test by the analyst via affidavit). I know that, if the lab analyst is less than honest, it is not likely to come out at a single hearing because the analyst has a vested interest to protect their work. But I also believe with enough hearings, by enough attorneys, with the same analyst, if the analyst's work is suspect, it will eventually be discovered. It happened not that long ago here in Ohio with analyst on OVI cases.

That said, the analysts I've spoken to, both in and out of court, do value the integrity of their work and would admit (and have) mistakes that potentially compromised the results. But I still file the motions.

20,000 Convicted Drug Offenders’ Cases Will Get Thrown Out
 

Drug Offenses - Overview

Drug offenses can range from a minor misdemeanor possession charge to felony charges for possession, cultivation, trafficking, etc. All drug convictions, including minor misdemeanor convictions, can have serious consequences. For instance, a person convicted of illegal use or possession of marijuana drug paraphernalia, a minor misdemeanor usually only punishable by a maximum fine of $150, may also receive a driver's license suspension of at least six (6) months and not more than five (5) years. If the person convicted is a student, he or she may lose federal student financial aid and if the person is professionally licensed the conviction entry will be sent to the proper licensing and disciplinary board.

Drug related charges often force a person to acknowledge drug dependency issues. In some instances jail or prison time can be avoided through Intervention In Lieu of Conviction ("ILC"). ILC has certain statutory requirements, however, if those requirements are met and a person is granted ILC, he or she will have the opportunity to have the charges against him or her dismissed. Prior to entering ILC the person must enter a guilty plea to the indictment but the plea and sentencing is held in abeyance. The court will set ILC terms, similar to probation, but that will also often include treatment and counseling. If successfully completed the charges against the person will be dismissed; however, if an ILC term is violated, the court must terminate the ILC and proceed with sentencing on the previously entered guilty plea.

The Nicodemus Law Office has successfully argued for ILC and represented persons charged with drug related crimes. If you have been charged with a drug related crime or are being investigated in connection with a drug related crime, contact the Nicodemus Law Office at 740-422-9280 or complete the CONTACT FORM to schedule an appointment and protect your rights.