If you have been arrested for drug offenses in Ohio, the criminal law process can be intimidating and complicated. The potential consequences are significant. For some, the case could appear to be heading toward a successful resolution when challenges arise. That situation occurred for a man who saw a conviction reinstated after a woman had died due to an overdose of fentanyl.
A 32-year-old man had been convicted of selling the drug to a woman who overdosed and died in 2015. He subsequently had his conviction overturned in 2018. An appeals court reversed the decision again. Initially, the man was convicted of the 52-year-old woman’s death. The man was first arrested after the woman was found dead and his number had been texted and called several times. Law enforcement sent him a message seeking more drugs and he went to the woman’s residence where he was placed under arrest. He was in possession of fentanyl.
On the first appeal, a judge stated that the jury did not receive the proper instructions for its deliberations. The appeals court reinstated the sentence. For distributing fentanyl, he faces a sentence of a minimum of 20 years. During the first appeal, the man’s lawyer stated that the jury was not given proper instructions. In the judge’s view, this was sufficient to overturn the conviction. Two of the three appellate judges said otherwise.
People can feel abandoned when they are dealing with drug crimes and the possibility that they will spend an extended period in prison. This feeling of fear and isolation can be made worse if the case was completed, there was an overturn on appeal and then the conviction was reinstated. For people who are facing drug charges or other serious criminal allegations, having legal assistance from the beginning may be crucial.