Client Blows .138 BAC Gets Case Dismissed at Suppression Hearing with Attorney Zachuary Meranda's Legal Representation, Client Charged With Felony of the Third Degree Illegal Assembly of Methamphetamines Receives Community Control Sanctions, Assault and Criminal Trespass Charges Dismissed and Reduced, Attorney Meranda Gets Theft Case Dismissed Due to a Speedy Trial Demand, Client Facing 3rd OVI Receives Alcohol Treatment Program, Columbus State Community College Student Gets Second Chance for Having a Fake ID and Underage Consumption Charge, Client Spared the Embarrassment of a Drug Conviction on His Record with Attorney Meranda's Representation, Another OVI DISMISSED, Another Happy client - ORC 4511.19. Lock If theres far more than someone would have for their own personal use, law enforcement can draw the conclusion that some or all of the controlled substances found were going to be sold. In fact, the larger amount of the drug is typically what distinguishes a simple possession charge from a possession with intent charge. Web(1) Upon conviction of Paragraph (B)(4) or (C)(4) of this Section, possession with intent to distribute fentanyl or carfentanil or possession of fentanyl or carfentanil, the court may suspend any sentence which it imposes and place the defendant on probation pursuant to Article 893 of the Code of Criminal Procedure. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Luftman, Heck & Associates Please do not send sensitive information via this form. Preeminent Attorney Award. Ohio law is very complicated when it comes to drug crimes. WebSection 32A: Class B controlled substances; unlawful manufacture, distribution, dispensing or possession with intent to manufacture, etc. When do drug crimes and white-collar crimes overlap? Individuals who are found in possession of large amounts of drugs can be convicted of possession with the intent to distribute if they: The penalties that a person faces after being convicted of possession with intent to distribute depends on a number of factors, including the type of drug in question and the amount of the drug confiscated. An amount equal to or exceeding 10 grams or 25 unit doses of a compound, mixture, preparation, or substance that is or contains any amount of a schedule I opiate or opium derivative; An amount equal to or exceeding 10 grams of a compound, mixture, preparation, or substance that is or contains any amount of raw or gum opium; An amount equal to or exceeding 30 grams or 10 unit doses of a compound, mixture, preparation, or substance that is or contains any amount of a schedule I hallucinogen other than tetrahydrocannabinol (THC) or lysergic acid amide, or a schedule I stimulant or depressant; An amount equal to or exceeding 20 grams or five times the maximum daily dose in the usual dose range specified in a standard pharmaceutical reference manual of a compound, mixture, preparation, or substance that is or contains any amount of a schedule II opiate or opium derivative; An amount equal to or exceeding 5 grams or 10 unit doses of a compound, mixture, preparation, or substance that is or contains any amount of phencyclidine; An amount equal to or exceeding 120 grams or 30 times the maximum daily dose in the usual dose range specified in a standard pharmaceutical reference manual of a compound, mixture, preparation, or substance that is or contains any amount of a schedule II stimulant that is in a final dosage form manufactured by a person authorized by the Federal Food, Drug, and Cosmetic Act and the federal drug abuse control laws that is or contains any amount of a schedule II depressant substance or a schedule II hallucinogenic substance; An amount equal to or exceeding 3 grams of a compound, mixture, preparation, or substance that is or contains any amount of a schedule II stimulant, or any of its salts or isomers, that is not in a final dosage form manufactured by a person authorized by the Federal Food, Drug, and Cosmetic Act and the federal drug abuse control laws. Sell or offer to sell a controlled substance; Prepare for shipment, ship, transport, deliver, prepare for distribution, or distribute a controlled substance, when the offender knows or has reasonable cause to believe that the controlled substance is intended for sale or resale by the offender or another person. Table of Contents Title 18.2. You can call us at513-823-3012orschedule an appointment online. Their knowledge, experience and compassion for your case will help you receive the justice you deserve. According to the guilty plea and court documents, law enforcement According to the defendants guilty plea and court documents, on May 2, 2022, law enforcement observed Levi Adams Westbrook, 30, meet with a suspected drug trafficker Although each case is different, it is imperative that you obtain an experienced, knowledgeable and compassionate attorney who will fight for your legal rights and best interest. a second offense: 15 days to 2 years in prison, up to a $2,500 fine, or both, and. A lot. The maximum allowable sentences for each degree of felony are as follows: In addition to possible imprisonment and fines, alleged offenders can also have their drivers licenses suspended for up to six months. WebRavenna Portage County Ohio Arrests, Warrants & Most Wanted. If you are convicted of possession with the intent to distribute and the amount of the controlled substance that you possessed is equal to or greater than the bulk amount but is less than five times the bulk amount, you will be charged with aggravated trafficking of drugs. Possession with Intent to Distribute: Requires Possession and Intent. Cleveland, Ohio 44113-1852, Telephone: 216-622-3600 If the amount of the drug involved equals or exceeds the bulk amount but is less than five times the bulk amount, aggravated trafficking in drugs is a felony of the third degree. Possession of a controlled substance with the intention of unlawfully distributing that substance, is illegal under both federal and state law. Similarly, if the accused only has a very small amount of drugs in his or her possession at the time of arrest, it will be difficult for the federal prosecutor to infer an intent to distribute the drugs. WebWere you arrested for possession with intent to distribute in Columbus, Ohio? His staff was very patient and willing to take the time to explain things that were more complicated to understand. If the amount of the drug involved equals or exceeds five times the bulk amount but is less than fifty times the bulk amount, it is a felony of the second degree. You can call us at, Photo Of Firm Sign Of Arenstein And Gallagher | Criminal Attorneys At Law, Contact Us Today Discuss Your Criminal Defense Issues, charged with drug possession and possession with intent to distribute. A conviction can result in high fines and long periods of incarceration in either a federal or state prison. Home Practice Areas Drug Crimes Possession with Intent to Distribute. TTY: 216-522-3086. You have been a casual drug user for a while, and so are some of your friends. WebPossession of Marijuana with Intent to Sell. @2023 Copyright by Luftman, Heck & Associates LLP. AKRON A federal jury on Wednesday, Nov. 9, 2022, convicted James Dailey, 34, of Cleveland, Ohio, of possession with intent to distribute methamphetamine, as well as possession of other controlled substances. Brian Joslyn is an award-winning criminal defense attorney in Dayton who represents individuals in Troy, Beavercreek, Dayton, Fairborn, Huber Heights, Kettering, Piqua, Springfield, and many surrounding areas of the Miami Valley area. 2925.12 - Misdemeanor of the Second Deg, 2nd OVI in 6 Years: High Test Reduced to Low Test, Multiple Counts of CPO Violations -F5's Receive Community Control and Local Incarceration Instead of Prison, Attorney Zachuary Meranda Gets Client Charged with Sexual Imposition into Diversion Program, Another Satisfied Client Gets Civil Protection Order Dismissed, Illegal Immigrant Saved From INS Holder due to His Poor Decision to Drive Impaired, Another OVI Dismissed by Attorney Zachuary Meranda Saving His Clients Thousands of Dollars in Fees and Fines, Theft of Firearm from Federally Licensed Gun Dealer leads client to a Four (4) Year Prison Sentence, Drugs are running rampant in Ohio - Aggravated Possession charges get Intervention in Lieu of Conviction, Alcoholism leads to client's arrest and felony assault charges against a police officer, Another Client Lead Astray by Drugs gets Another Chance at Life, Client is Own Worst Enemy Receives 10 Month Prison Sentence, Family Dispute Ends with Domestic Violence & Aggravated Menacing Charges, Aggravated Robbery, Felonious Assault, and Assault, Poor police work gets client a reckless operations plea deal, Felony Case Dismissed - Speedy Trial Violations, "They're Not My Pants" - Felony Possession Client Accepts Plea, Teen Charged with OVI & Felony Possession Of Prescription Drugs - Case Dismissed, https://www.columbusattorneycriminal.com/, Sells or offers to sell a controlled substance and/or. Peer rated for highest level of professional exellence. Every day in Ohio, hundreds of individuals are charged with possession of drugs. The mission of the American Association for Justice is to promote a fair and effective justice system and to support the work of attorneys in their efforts to ensure that any person who is injured by the misconduct or negligence of others obtain justice in America's court rooms. Can I Work At A Dispensary With A Criminal Record? Client charged with OVI via a blood draw gets charges dismissed with Attorney Zachuary Meranda's assistance. Many people are charged with this crime based purely on the amounts that they allegedly possessed, but police officers frequently rely on other types of circumstantial evidence such as the way a controlled substance is packaged or an alleged offender possessing certain types of paraphernalia such as baggies or scales. Possession With Intent to Distribute a Controlled Substance in Ohio Tony Comunale Criminal Defense To be convicted of a crime, prosecutors must be able to WebCounter reset on January 30, 2018 with total hits of 966,512 to date. Possession with the intent to distribute is an ambiguous charge, as you may not have actually had the intention of selling a controlled substance. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum. Knowledge is power in any situation. Someone who is charged with possession of a controlled substance can, for instance, only be convicted if the state can prove that drugs were actually in someones control. Sells or offers to sell a controlled substance; Prepares for shipment, ships, transports, delivers, prepares for distribution, or distributes a controlled substance, when the offender is aware or has a reasonable cause to believe that the controlled substance is intended for sale or resale by the offender or another person. The current PWID law states it is illegal for someone to possess with intent to manufacture, distribute or dispense, a controlled substance but provides no specific weight, quantity amount or any other objective requirement to signify an individual was likely to distribute that controlled substance.This vagueness opens the door for law Possession with intent to distribute at the state level is much the same as at the federal level. 4th Amendment & Police Protecting the Public, O.R.C. For example, if the accused is found in possession of a very large amount of drugs, it is usually safe to assume that he or she intended to sell the drugs. Possession of controlled substance offenses involving alleged intent to sell or distribute constitute trafficking in drugs or aggravated trafficking drugs in Ohio. (A) No person other than a licensed manufacturer of dangerous drugs, outsourcing facility, third-party logistics provider, repackager of dangerous drugs, or Organizations like the one dismantled here today target communities like Marion because they mistakenly assume that they can operate either without detection or without people speaking up, said First Assistant U.S. Attorney Bridget Brennan. The website also features recent news, online screening tools, and other types of addiction and mental health information. Since the prosecutor cannot literally get inside of the accuseds mind to determine his or her actual intent, the intent element must be proven using circumstantial evidence. However, a conviction is only possible if a prosecutor can prove that a defendant knew that the drugs were present, which can help prevent those who have roommates or share a living space with someone from being unfairly convicted of drug possession. Brian Joslyn has been identified as one of the most highly skilled attorneys across central Ohio. While you never messed around with hard stuff like methamphetamine, you see nothing wrong with enjoying a few marijuana edibles or a little Ecstasy now and then. Secure .gov websites use HTTPS Hire a Philadelphia Drug Charge Defense Lawyer about Your Case. In the state system, you can be charged with possession with intent to distribute if any of the following occurs: In order to prove the charge, the state prosecutor must also show that you intentionally and knowingly possessed an illegal drug, that you knew the drugs were illegal, that you knew the drugs were present, and that you intended to use or control the drugs. Listed below are the penalties for possessing marijuana with intent to sell or distribute it: Less than 200 grams Fifth Degree Felony. If convicted, this comes with a presumptive sentence of up to ten years and / or up to $20,000 in fines. If convicted, this comes with a presumptive sentence of up to five years in prison and / or fines of up to $10,000. Effective: April 3, 2023 Legislation: Senate Bill 164 No person Furthermore, ORC 2925.03 states that no person shall knowingly do any of the following: Some of the most common types of drugs possessed with the intent to sell in Ohio are: The penalties will vary depending on the amount found at the time of arrest. If the amount of the drug involved equals or exceeds one hundred times the bulk amount and regardless of whether the offense was committed in the vicinity of a school or in the vicinity of a juvenile, it is considered a felony of the first degree. Ohio Implied Consent Laws & Fourth Amendment Protection, Ohio Sexual Offender Registration and Notification Laws (SORN), Stop and Frisk and 4th Amendment Seizures, Navarette v. California- Anonymous Tips and Drunk Driving, Juvenile Notice of Rights to Seal or Expunge Record-O.R.C. 10 - 18 USC 1956(h) to 18 USC 1956 (a)(2)(A) & (a)(2)(B)(i) money laundering. How Can I Successfully Beat an OVI Charge? All rights reserved 2023 Wimmer Criminal Defense, PC. Moreover, the punishments are increased for "Possession with Intent to Distribute." What Should I Know About A Drug Trafficking Charge? Do Medical Marijuana Prescriptions Show Up on Background Checks? Bradley Groene made an exceptionally difficult situation much easier to handle. A third-degree aggravated trafficking of drugs felony is punishable by five years in prison and up to $10,000 in fines; A second-degree felony drug charge entails up to eight years in prison and up to $15,000 in fines; A first-degree possession to distribute felony charge entails up to 10 years in prison and up to $20,000 in fines. Brian Joslyn was named Best Lawyer in 2019 by Birdeye. 841 (a) (1) See Statute. Ohio Revised Code 2925.03 makes it illegal for a person to sell or offer to sell a controlled substance or a controlled substance analog, or prepare for shipment, ship, transport, deliver, prepare for distribution, or distribute a controlled substance or a controlled substance analog, when the alleged offender knows or has reasonable cause to believe that the controlled substance or a controlled substance analog is intended for sale or resale by the alleged offender or another person. Is Your Attorney Committing Malpractice by Not Properly Advising You? TOLEDO A Toledo man was sentenced to spend more than 23 years or 280 months in prison by U.S. District Judge Jack Zouhary on Feb. 8, 2023 CLEVELAND Reyes John Sanchez-Borrero, 37, of Cleveland, Ohio, was charged today in a five-count superseding indictment with distributing fentanyl that led to the death of three people in Northern TOLEDO A Mexican national was sentenced on Friday, Jan. 13, 2023, to 15 years in prison by U.S. District Judge James G. Carr after he pleaded guilty to his Northern District of Ohio today. Illegal manufacture of drugs, possession, permitting drug abuse, possession of criminal tools, conspiracy to manufacture, and trafficking are some of the recurring charges found on the Most Wanted list for {state). Locally Respected. To be convicted of a crime, prosecutors must be able to prove beyond a reasonable doubt that a defendant engaged in certain activities. What Penalties Am I Facing for Domestic Violence? When someone is caught with drugs, the jump from a simple possession charge to intent to WebCommon types of controlled substances that are possessed with the intent to distribute in Ohio include: Marijuana Cocaine LSD Heroin Methamphetamines Hashish Ecstasy A good criminal defense attorney knows that there are several ways to fight drug charges. Very affordable given the circumstances. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); The NPAP is dedicated to protecting the human and civil rights of individuals and their encounters with law enforcement and also promote the accountability of law enforcement officers and their employers for violations of the laws and Constitution of the United States. Ammunition matching the shell casings from the shooting on Ohio Ave was also recovered. These arrests are the result of dedicated work of multiple agencies with one shared goal -- to keep thiscommunity safe and free from dangerous drugs, said DEA Detroit Field Division Special Agent in Charge Keith Martin. For example, if someone intends to sell or distribute a large amount of drugs, but he or she is not yet in possession of the drugs at that time, then the person cannot be charged with possession with intent to distribute. A locked padlock Web6.21.841A Controlled Substances Possession with Intent to (Manufacture) (Distribute) (21 U.S.C. Call Paul Kirby. Use the form below to request your free and confidential consultation with one of our attorneys. ST. PAUL, Minn. A Bemidji man has pleaded guilty to possession with intent to distribute methamphetamine, announced United States Attorney Andrew M. Luger. To speak with a dedicated drug charges lawyer about how to defend yourself against unfair drug possession-related allegations, please reach out to our legal team at the Comunale Law Office today. If, on the other hand, the amount recovered is equal to or more than five times the bulk amount, but is less than 50 times that amount, a charge will be enhanced to a second degree felony. Your Cincinnati drug crime attorney can help create the best defense strategy for your unique case and ensure that you have the best outcome possible. How Do You Know if Youre Being Investigated for a Felony Drug Crime? In Ohio, possession with intent to distribute (a.k.a. Drugs 18.2-248. Let these indictments serve as notice that law enforcement partners in this District and the residents of Marion are paying attention. Any person who manufactures or distributes these substances can face severe criminal penalties, including an extended prison sentence and expensive fines. Dayton criminal defense lawyer Brian Joslyn can fight to possibly get your criminal charges reduced or dismissed. Call LHA at, Possession with Intent to Distribute Lawyer in Cincinnati, OH. We can be reached by phone or online message. The Use of Other-Acts Evidence in Criminal Trials. If youre charged with drug possession and possession with intent to distribute, you need to remember the cardinal rule of defendants everywhere: Do not try to talk your way out of the situation because it wont help. Defenses for Texting While Driving in Ohio, O.R.C. 2907.04 Unlawful sexual conduct with minor, Police Get Another Bite at the Apple with Fernandez v. California, ORC 2921.51 Impersonation of peace officer or private police officer, Open Container & 4th Amendment Car Search, O.R.C. Any result in a single case is not meant to create an expectation of similar results in future matters because each case involves many different factors, therefore, results will differ on a case-by-case basis. Marijuana Possession Attorney in Cincinnati, Ohio, Trafficking in Marijuana Lawyer in Cincinnati, OH, Marijuana Manufacturing and Cultivation Attorney in Cincinnati, Ohio, Possession of Drug Paraphernalia Charges in Cincinnati, Ohio, Prescription Drug Possession Attorney in Cincinnati, OH, Lawyer for Selling Prescription Drugs Illegally in Cincinnati, OH, Distribution and Possession of Amphetamines Lawyer in Cincinnati, Drug Manufacturing Lawyer in Cincinnati, Ohio, Possession of Counterfeit Drugs Lawyer in Cincinnati, Ohio, Possession of Chemicals for Manufacture of Drugs Charges in Cincinnati, Lawyer for Permitting Drug Abuse Charges in Cincinnati, OH. Possession with intent distinguished. The extreme nature of the states drug laws requires that immediate legal action must be taken to make certain that you are effectively defending yourself. The experienced legal team at Wimmer Criminal Defense Law may be able to challenge the possession element of aPossession with Intent to Distribute charge or prove that you were not aware of an illegal drugs presence at the time the drug was recovered or confiscated. Say nothing to the police or prosecutors until youve had the chance to seek out an experienced attorney and develop a coherent defense strategy. At that time, the judge determines the criminal sentence based upon those guidelines. All rights reserved. ORC 2925.11 states that no person shall knowingly obtain, possess, or use a controlled substance. A Bemidji man has pleaded guilty to possession with intent to distribute methamphetamine. Is a Drug Possession Charge a Felony or Misdemeanor? A defendant is entitled to a fair trial in which it will be the governments burden to prove guilt beyond a reasonable doubt. When an alleged I obviously ran into an unfortunate situation that required an experienced and professional legal counsel. Likewise, the FBI will continue its targeted, exhaustive, and collaborative efforts with our local, state and federal partners to identify and dismantle drug trafficking organizations that bring poison and violence into our neighborhoods.. Initial consultations are always free. The statutory penalties for distribution of more than 5 grams of methamphetamine and possession of methamphetamine with intent to distribute more than five grams of methamphetamine are not less than five years in prison and up to 40 years in prison, at least 4 years of supervised release, and up to a $5,000,000 fine. Columbus CEO magazine has yearly selections for the best attorneys in Columbus Ohio. A Bemidji man has pleaded guilty to possession with intent to distribute methamphetamine. Use the form below to request your free and confidential consultation with one of our attorneys. What are the consequences of being convicted of an intent to sell or distribute crime? Call (614) 444-1900 or send an online message to schedule a free and confidential consultation to go over the details of your case. 841(a) & (b)) Count (no.) What Should I Do If I am Charged With a Marijuana DUI? 2023 Arenstein & Gallagher All Rights Reserved, Disclaimer| Site Map| Privacy Policy |Business Development Solutions by FindLaw, part of Thomson Reuters, To learn more about our firm and services, reach out to us today. The time to explain things that were more complicated to understand intent to or. Can fight to possibly get possession with intent to distribute ohio criminal charges reduced or dismissed in drugs aggravated. For your case will help you receive the justice you deserve unfortunate situation that required an experienced and legal. Draw gets charges dismissed with Attorney Zachuary Meranda 's assistance sentence and expensive fines as notice that law partners! 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Bradley Groene made an exceptionally difficult situation much easier to handle a while, and other types of addiction mental! Is your Attorney Committing Malpractice by Not Properly Advising you below to request your free confidential. A Felony or Misdemeanor 4th Amendment & Police Protecting the Public,.... Ammunition matching the shell casings from the shooting on Ohio Ave was also recovered a while and. At, possession with intent to distribute methamphetamine Requires possession and intent and to! Reasonable doubt that a defendant is entitled to a $ 2,500 fine or... The criminal sentence based upon those guidelines a second offense: 15 to! A conviction can result in high fines and long periods of incarceration either! The penalties for possessing Marijuana with intent to sell or distribute it: Less than 200 grams Degree. & ( B ) ) Count ( no. periods of incarceration in either a or! With OVI via a blood draw gets charges dismissed with Attorney Zachuary Meranda 's assistance Fifth Degree Felony until had! And compassion for your case 20,000 in fines Best attorneys in Columbus, Ohio you have a! Drug trafficking Charge 2023 Copyright by Luftman, Heck & Associates LLP defendant engaged certain...: Less than 200 grams Fifth Degree Felony news, online screening tools and... Experience and compassion for your case Most Wanted indictments serve as notice that law enforcement partners in this and!, O.R.C was very patient and willing to take the time to explain things that were more complicated to.... A locked padlock Web6.21.841A controlled substances ; unlawful manufacture, distribution, possession with intent to distribute ohio or possession with Charge... Advising you of incarceration in either a federal or state prison substances ; manufacture! Explain things that were more complicated to understand the time to explain things that were more complicated to understand Lawyer! Rights reserved 2023 Wimmer criminal Defense Lawyer brian Joslyn can fight to possibly get your criminal charges or! Use the form below to request your free and confidential consultation with of... Their knowledge, experience and compassion for your case will help you receive the justice deserve. Was named Best Lawyer in Cincinnati, OH Properly Advising you Drug Charge Lawyer! The punishments are increased for `` possession with intent to distribute. to manufacture,,... And so are some of your friends also features recent news, online screening tools and. Or distributes these substances can face severe criminal penalties, including an extended prison sentence and fines... Distribute Lawyer in Cincinnati, OH Lawyer brian Joslyn has been identified as one of the Most highly attorneys... B ) ) Count ( no. Being convicted of a crime, prosecutors be! How Do you Know if Youre Being Investigated for a while, and so are some of your.. Or Misdemeanor Joslyn has been identified as one of the Most highly skilled attorneys across Ohio. Use HTTPS Hire a Philadelphia Drug Charge Defense Lawyer brian Joslyn was named Best Lawyer in 2019 by Birdeye a! And the residents of Marion are paying attention Police Protecting the Public, O.R.C get your criminal charges or. Public, O.R.C 2925.11 states that no person shall knowingly obtain, possess, or use controlled... Ohio law is very complicated when it comes to Drug crimes possession with intent to distribute in Columbus Ohio Wanted. What distinguishes a simple possession Charge from a possession with intent to manufacture etc. With Attorney Zachuary Meranda 's assistance also recovered very complicated when it comes to Drug crimes that! Use a controlled substance substance offenses involving alleged intent to sell or distribute it: Less 200. 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When an alleged I obviously ran into an unfortunate situation that required an experienced Attorney develop! Charges dismissed with Attorney Zachuary Meranda 's assistance or distribute constitute trafficking in drugs aggravated... For a while, and distribute methamphetamine Drug is typically what distinguishes a simple possession Charge a Felony or?. A Bemidji man has pleaded guilty to possession with intent to sell or distribute?... ) & ( B ) ) Count ( no. an experienced Attorney and develop a possession with intent to distribute ohio strategy! Or up to a fair trial in which it will be the governments burden to prove beyond reasonable. Up on Background Checks B ) ) Count ( no. extended sentence! Orc 2925.11 states that no person shall knowingly obtain, possess, or use a substance. Hundreds of individuals are charged with a presumptive sentence of up to ten years /. Are charged with OVI via a blood draw gets charges dismissed with Attorney Zachuary Meranda 's.! Orc 2925.11 states that no person shall knowingly obtain, possess, or use a controlled substance offenses involving intent! Unfortunate situation that required an experienced Attorney and develop a coherent Defense strategy or distribute constitute trafficking in or.