Akron 5th Degree Drug Crime Lawyer

Akron 5th Degree Drug Crime Attorney

When you or a loved one faces 5th-degree felony drug charges in Ohio, it can bring feelings of fear and uncertainty. You should know that being charged with a felony does not automatically mean you will have to deal with the consequences forever. In fact, you have a few options on how to proceed.

At DiCaudo, Pitchford & Yoder, we have successfully defended many charged with 5th-degree drug charges, but there is an alternative option that should be considered in some cases. The state offers a unique opportunity for eligible defendants through the Intervention in Lieu of Conviction (ILC) program. This program provides individuals the chance to address their substance use issues for minor offenses while avoiding the long-term consequences of a felony record.

What Is Intervention in Lieu of Conviction (ILC) in Ohio

Under Ohio Revised Code § 2951.041, individuals charged with eligible offenses may request ILC. It is designed to address the root causes of criminal behavior, in this case, substance abuse, by providing treatment programs instead of traditional punitive measures. If the court grants the intervention, the individual will undergo a program tailored to their needs. This may include substance abuse treatment, regular drug testing, and court supervision.

Successful completion of the program can lead to the dismissal of the charges, therefore avoiding a felony record.

The process typically involves several steps:

• Eligibility Assessment: The individual must meet specific criteria, including the nature of the charges and their history of substance abuse.
• Court Hearing: A hearing is held where the individual can present their case for intervention. The court will consider factors such as the severity of the offense and the individual’s willingness to participate in treatment.
• Treatment Program: If granted, the individual will enter a treatment program, which may include counseling, rehabilitation, and support services.
• Monitoring and Compliance: The individual must comply with the program requirements and regularly report to the court.
• Completion and Dismissal: Upon successful program completion, the court will dismiss the charges, allowing the individual to move forward without a felony conviction.

Through this program, families can better support their loved ones in navigating the legal system and pursuing a path toward recovery. Especially those whose drug charge was a result of addiction.

How ILC Helps Avoid Penalties for 5th Degree Drug Felonies

5th degree drug charges in Ohio refer to non-violent offenses involving the possession, sale, or distribution of controlled substances. Also called an F-5 Felony, these charges typically involve possession of drugs with high addiction potential, such as methamphetamine, narcotics/fentanyl, and prescription drugs or painkillers. 5th degree charges can also include the trafficking of marijuana, cocaine, heroin, LSD, or fentanyl-related compounds in small amounts.

According to Ohio law, a conviction for a 5th-degree felony drug charge can result in heavy penalties, such as:

• Imprisonment: Up to 12 months in prison.
• Fines: Up to $2,500.
• Probation: Possible probationary terms instead of or in addition to imprisonment.

Successful completion of the ILC program can lead to the dismissal of charges, meaning the individual does not receive a felony conviction on their record. They will not step foot in jail, pay fines, or face probation. In addition to not facing the immediate legal ramifications, the program often includes counseling and support services, which can help individuals develop coping strategies and avoid future legal issues.

But it’s not just immediate benefits. By deciding on ILC, defendants avoid the long-term effects of a felony record. The individual in question can maintain better employment prospects and housing opportunities.

Eligibility Requirements for ILC

Not everyone charged with a 5th-degree drug offense qualifies for Intervention in Lieu of Conviction. The eligibility criteria are quite specific to ensure that the program is reserved for those most likely to benefit.

The primary purpose of ILC is for those struggling as a result of mental illness, addiction, intellectual disability, or related factors. The defendant must make clear that their condition led to the crime in question. Other eligibility requirements found under Ohio Revised Code §2951.041 include:

• You have no prior felony convictions for violent crimes.
• Your current charge is not:
  • A serious felony (1st, 2nd, or 3rd degree).
  • A violent or sexual offense.
  • A drug trafficking or other severe drug-related felony.
• A professional assessment confirms that treatment is appropriate.
• The alleged victim of your offense (if there are any) isn’t a protected person (e.g., a child or senior).
• The offense didn’t involve serious harm or require mandatory prison time.
• You are willing to follow the court’s treatment plan and conditions.

If these requirements are met, and the court agrees, you will continue the process and apply for ILC.

How To Apply for Intervention in Lieu of Conviction in Ohio

Applying for Intervention in Lieu of Conviction involves a few simple steps but requires a skilled attorney and the cooperation of the court system. Typically, the process includes:

• Gathering evidence supporting your eligibility for ILC
• Filing a Motion with the court
• Court evaluation and professional assessment
• Treatment plan development
• ILC plan approval

Dismissal of charges will be granted only upon completion of this diversion plan. If, for some reason, the defendant is unable to continue with the treatment plan or acts out in another way, the court can revoke the right to ILC.

Ohio Criminal Defense Attorneys for Felony 5 Drug Charges

Intervention in Lieu of Conviction for 5th-degree drug charges in Ohio is an excellent alternative for those facing jail time. While acceptance into ILC is not always guaranteed, the potential benefits of such programs are significant.

If you are facing a fifth-degree drug charge in Ohio, speak with DiCaudo, Pitchford & Yoder today to fully understand your options. The right legal representation makes all the difference, especially when looking for an opportunity to keep your record clean of felony convictions.

We’ve built a strong reputation for keeping our clients out of jail and giving them the best possible chance at life beyond their criminal charges. Want to see if you qualify for Intervention in Lieu of Conviction? We’d be happy to speak with you and discuss your options.