Ohio MCA Defense Lawyers

Understanding Ohio’s Major Crimes Act (MCA)

Ohio’s Major Crimes Act (MCA), which is codified in Ohio Revised Code § 2923.32, serves as the state’s version of the federal Racketeer Influenced and Corrupt Organizations Act (RICO) and aims to target organized criminal activity, including enterprises engaged in drug trafficking.

Under the provisions of the MCA, engaging in a pattern of corrupt activity, defined as two or more incidents of corrupt activity related to the affairs of the same enterprise, such as drug trafficking, bribery, extortion, or money laundering, is considered illegal (Ohio Rev. Code § 2923.32(A)(1)). Those convicted under the MCA face enhanced penalties, including mandatory prison terms and substantial fines.

The MCA operates in conjunction with Ohio’s drug laws, which are outlined in Chapter 2925 of the Revised Code, and many cases brought under the MCA involve charges related to drug trafficking, possession, or manufacturing, as the Act enables prosecutors to target the organized criminal enterprises behind these offenses.

MCA Charges and Potential Consequences

Prosecutors frequently utilize the MCA to bring charges against individuals involved in drug trafficking networks or other organized criminal activities, such as human trafficking, illegal gambling, or fraud rings, with the Act’s severe penalties serving as a means to disrupt and dismantle these criminal enterprises.

If convicted under the provisions of the MCA, defendants face a mandatory prison term of at least 3-11 years, depending on the degree of the offense, and fines of up to $20,000 (Ohio Rev. Code § 2923.32(B)(1)), with the court having the authority to impose additional penalties for any underlying offenses.

Furthermore, the MCA allows for the seizure of any property derived from or used in the course of prohibited activities through asset forfeiture (Ohio Rev. Code § 2981.02(A)), which can include money, vehicles, real estate, and other assets connected to the alleged crimes.

Defending Against MCA Charges

Given the inherent complexity of cases brought under the MCA and the severe potential consequences for those convicted, it is imperative for anyone facing charges under the Act to retain the services of experienced legal counsel, as prosecutors often spend months or even years building MCA cases, utilizing extensive surveillance and undercover operations, and defending against these charges requires an attorney who is thoroughly familiar with the intricacies of the MCA, Ohio’s drug laws, and strategies for challenging organized crime prosecutions.

Common defense strategies employed in MCA cases include:

• Challenging the state’s evidence to prove a “pattern” of corrupt activity
• Arguing that the defendant’s alleged conduct does not meet the definitions set forth in the MCA
• Filing motions to suppress evidence obtained through unlawful searches or surveillance
• Objecting to asset forfeiture on the grounds of it being an excessive fine or unlawfully seized property
• Engaging in plea negotiations to minimize potential penalties

When selecting an MCA defense lawyer, it is advisable to seek out an attorney who has direct experience handling MCA cases through all stages of litigation, from pre-trial motions to jury trials and appeals if necessary, as MCA cases often involve voluminous amounts of evidence, necessitating an ability to effectively digest and organize complex information.

The MCA Legal Process

Cases brought under the MCA typically commence with a grand jury indictment, which indicates that the prosecutor has presented evidence to a grand jury that found probable cause to charge the defendant with violating the Act (Ohio R. Crim. P. 6). Following the indictment, the defendant is arraigned and enters a plea, after which discovery and pre-trial motion practice begins, which may include motions to dismiss the indictment, suppress evidence, or compel discovery.

If a plea agreement is not reached, the case proceeds to a jury trial, during which the state bears the burden of proving beyond a reasonable doubt that the defendant engaged in a pattern of corrupt activity as defined by the MCA. In the event of a conviction, the defendant is sentenced in accordance with Ohio’s sentencing guidelines and the specific provisions of the MCA, with the defendant having the right to appeal both the conviction and the sentence.

Ohio MCA Case Law and Precedents

Since the enactment of the MCA, Ohio courts have interpreted various aspects of the Act through significant rulings, such as:

• State v. Gonzales, 150 Ohio St.3d 276 (2017): The Ohio Supreme Court held that in determining the weight of a controlled substance in a cocaine trafficking case, the state bears the burden of proving the actual amount of cocaine, rather than the total weight of the mixture.
• State v. Wac, 68 Ohio St.2d 84 (1981): The court found that drug trafficking constitutes “corrupt activity” under the MCA, and that a pattern of trafficking can support a conviction under the Act.
• State v. Terrell, 2019-Ohio-3698: The Ohio Court of Appeals upheld the forfeiture of a vehicle used to traffic drugs under the MCA, finding that it was an instrumentality of corrupt activity.

Consulting with an attorney who is well-versed in these and other important MCA precedents is essential to mounting an effective defense against charges brought under the Act.

Getting Legal Help

For individuals who are under investigation for or charged with violating Ohio’s MCA, it is crucial to seek legal counsel as soon as possible, as a skilled MCA defense lawyer can assess the strength of the state’s case, identify weaknesses, and develop a tailored defense strategy.

When searching for an Ohio MCA attorney, consider:

• Seeking referrals from friends, family, or colleagues who have faced similar charges
• Utilizing referral services provided by the Ohio State Bar Association or Ohio Association of Criminal Defense Lawyers
• Researching online directories such as Avvo or FindLaw that include attorney profiles and client reviews

It is important to look for a lawyer who has a proven track record of success in Ohio MCA cases and extensive jury trial experience, and to inquire about their approach to your specific case, familiarity with the county prosecutors, and fee structure, as having a strong advocate in your corner is essential to protecting your rights and effectively fighting allegations brought under the MCA.