Drugs Big Business for Ohio Dealers

wkyc

“People would be walking around shopping, and they wouldn’t know what was happening,” recalled Botbyl, of Norwalk, who has been clean for three years and is studying to be a pastor.  “You’d never meet the guy you talked to on the phone.”

The heroin was from Mexico, and all the runners generally spoke Spanish with very little English known to them.  The Mexican cartels, mostly from South America or Mexico, control a great majority of the illegal drugs in Ohio.

Read More about this article at WKYC.

Supreme Court Rules Individuals Convicted of Domestic Violence Cannot Own a Gun

Supreme Court Rules Individuals Convicted of Domestic Violence Prohibited From Gun Ownership

Supreme Court Rules Individuals Convicted of Domestic Violence Cannot Own a Gun

Today, in Voisine v. United States,  the Supreme Court ruled that individuals convicted of misdemeanor domestic violence are prohibited from owning a gun under U.S.C. §922(g)(9). In another Supreme Court case, United States v. Castleman, the Court established that an individual loses his or her gun rights after being convicted of intentional domestic assault; however, there was still a question of whether an individual could be prohibited from owing a gun when the domestic violence conduct was reckless and not intentional.

Short Answer: Yes, an individual convicted of reckless domestic assault or battery is prohibited from owning a gun under federal law.

Can reckless conduct cause a person to lose his or her gun rights?

The two petitioners in Voisine were both convicted of domestic violence under the Maine Criminal Code § 207. Maine Criminal Code § 207 defines assault as “… intentionally, knowingly or recklessly causes bodily injury or offensive physical contact to another person”.

The petitioners argued that the conduct which led to the criminal conviction was not intentional, but reckless and should not be considered a violation of U.S.C. §922(g)(9) or result in the loss of gun ownership rights.

The Supreme Court reasoned that Congress intended for individuals convicted of intentional assault and reckless assault to be barred from owning a firearm. In the 12 page opinion, the Court explained Congress’s definition of a “misdemeanor crime of violence” contains no exclusion for convictions based on reckless behavior and that “a person who assaults another recklessly uses force, no less than one who carries out that same action knowingly or intentionally”. The Court further asserted that “[f]irearms and domestic strife are a potentially deadly combination.

Can a person convicted of domestic violence in Ohio lose his or her gun rights?

34 states, including Ohio, have statutes which criminalize intentional and reckless harm against a family or household member. Under Ohio Revised Code § 2919.25 an individual may be convicted of domestic violence if he or she does the following:

  1. Knowingly causes or attempts to cause physical harm to a family or household member;
  2. Recklessly causes serious physical harm to a family or household member; or
  3. By threat or force, knowingly causes a family or household member to believe that the offender will cause imminent physical harm to the family or household member.

If an individual is convicted of domestic violence under Ohio Revised Code § 2919.25 he or she is prohibited from owning a gun under the federal statute U.S.C. §922(g)(9) regardless of whether the conduct was intentional or reckless.

Hire an attorney to increase likelihood of retaining gun ownership rights

Immediately after being accused or charged with domestic violence, it is important to consult an experienced domestic violence defense attorney. Individuals who represent themselves or hire a less experienced attorney are often scared into taking a plea deal in domestic violence cases. While a plea deal may result in little or no jail time, a domestic violence conviction will cause the individual to lose gun ownership rights.

Brian Joslyn of Joslyn Law Firm is an experienced domestic violence defense attorney. He has years of experience defending individuals accused and charged with domestic violence, domestic assault, aggravated assault, sexual battery, and rape. He is widely respected by the special domestic violence prosecutors and criminal court judges.

From the initial consultation, the team of attorneys will begin developing the strongest defense strategies to obtain the best possible results in your case. The Joslyn Law Firm aggressively defends individuals throughout Franklin County, including Columbus, Sunbury, Dublin, Reynoldsburg, Worthington, Groveport, Plain City, Heath, Granville, Baltimore, Bremen, South Bloomfield, New Holland, Commercial Point, and surrounding areas.

Contact the Joslyn Law Firm at (614) 444-1900 or (888) USA-RIGHTS for a free evaluation of your domestic violence case.

References: Voisine v. United States

 

Coroner Didn’t Conduct Proper Death Investigation

Dr. David Cummin

Coroner, Dr. David Cummin who works for Hocking County has currently been battling with his fellow elected officials who have accused him of not doing his job.  Now, the Illinois couple whose son died in the state park in the county are also making the same claim against the coroner.

The lawsuit was filed in December of 2015 in the federal court house in Columbus, accusing Dr. David Cummin along with others with the Ohio Department of Natural Resources, County Sheriff’s office and the Hocking Valley Community Hospital in Logan, of conducting the investigation inadequately on December 9th, 2011, where a young 18-year-old boy died in William Beinlich in Hocking Hills State Park.

Read More of the article at The Columbus Dispatch.

Fighting Federal Drug Charges in Ohio

The United States government has been adamant about cracking down on drug-related crimes since the Controlled Substance Act passed in 1970, and agencies like the Drug Enforcement Administration continue to make arrests for offenses throughout the country.

In Ohio, the DEA and other agencies often conduct “drug sweeps,” which allow the law enforcement agencies to make several arrests for various drug offenses. These “sweeps” typically are done multiple times a year using controlled buys, phone interceptions and informants.

During these operations, agencies are searching for those violating several drug laws, including possession of a controlled substance. However, these sweeps most often are used to arrest those accused of trafficking or selling a substance. The offenses would be considered federal crimes, which often are much more severe.

According to federal law, trafficking is the selling, manufacturing, delivery or cultivation of controlled substances, or possessing those substances with the intent to do so. It can range from international cartels with thousands of people involved to small neighborhood drug rings.

Under 21 U.S.C § 846, anyone involved in drug trafficking also could be charged with conspiracy. For instance, a person accused of transporting money for the operation, transporting the actual substances or assisting in manufacturing an illegal drug could be charged with conspiracy.

Federal Drug Schedules

Controlled substances are divided into five schedules on the federal level. According to 21 U.S.C § 811, the U.S. Attorney General has the authority to place any substance on the list of drugs found in the Controlled Substance Act.

The schedules are determined based on the possibilities for abuse and addiction, as well as its medical use. The schedule of a controlled substance often plays a large part in determining the penalty for the offense.

Schedule I substances generally have a high potential for abuse and no medical use, such as heroin, ecstasy, acid and marijuana. Schedule II substances still have a high potential for abuse, but some accepted medical use. This could include cocaine, oxycodone and methamphetamine.

Schedule III substances have less potential for abuse and some accepted medical use. This could include painkillers with less than 90 milligrams of codeine, anabolic steroids and ketamine. Schedule IV substances have a low potential for addiction and accepted medical use, such as Xanax and Ambien.

Schedule V substances under federal law have the lowest potential for abuse, limited potential for addiction and a currently accepted medical use. These typically are available as over-the-counter medications and typically are not involved in federal charges. This could include Robitussin AC, Lomotil and Lyrica.

Federal Drug Charges in Ohio

These federal drug charges are some of the harshest in the nation, and they can carry mandatory minimum sentences. This means if a person is convicted of a charge and the U.S. Attorney can prove certain circumstances, the assigned penalty is the best punishment the defendant is eligible to receive.

For federal trafficking charges, the sentence typically depends on the type of drug involved in the offense, the amount of the drug possessed, whether anyone was seriously injured or killed and the number of prior offenses.

Certain trafficking offenses can carry a mandatory minimum of life in prison, including if the person accused of the offense is convicted of being a principal, organizer or leader of a continuing criminal enterprise. This sometimes is referred to as a “kingpin.”

When mandatory minimums are assigned to a charge, the judge typically does not have discretion in lowering the sentence, no matter the mitigating circumstances may exist. However, there are some ways in which an experienced federal drug crime lawyer can help you avoid the most severe penalties.

Finding the Best Columbus Federal Drug Crime Defense Lawyer

If you have been arrested for a federal drug offense in Columbus or the surrounding areas, contact Columbus federal drug crime attorney Brian Joslyn of Joslyn Law Firm. Brian Joslyn has years of experience advocating on behalf of clients in a multitude of drug cases, and he knows what it takes to have charges reduced or dismissed.

Call 614-444-1900 to schedule a free consultation today. Brian Joslyn has offices in Columbus, Dayton and Cincinnati, the same locations as the U.S. District Court Southern District of Ohio court locations. He can work one-on-one with you to ensure you understand the charges and how to build a strong defense in a federal drug crime case.