Legal Question in Criminal Law in Ohio
class 5 felony domestic violence
My brother is in jail for DV. It is second offense. I know nothing about court, jail,etc. His ex girl gave me all his stuff and his truck. They are calling about past due. I'm stuck in middle. I don't want him to get out in 30 or so days and not have a vehicle, but am not lending any further than 2 months. If he only gets probation, then I will pay one months payment. He could go for 18 months, I think. In your experience, about how long do you think he will get?? He has quite a history of drugs, probation violation, driving w/o license, disorderly conduct, all misdemeanors. This is his second domestic violence ( first one in 2006), which is why it is a felony. Not that I condone or want to lessen the charges, but judges asked also, but no one was hurt either time. Lots of crazy, threatening, swinging, glass breaking meth rage.
Just let me make it clear, I don't feel sorry for him. Whatever he gets he deserves! The past 2 - 3 years he's been clean and been doing great. All fines paid, drivers license back after 10 years. I don't want him to get minimal sentence or probation, and then get out of jail and not have a vehicle. With no hope he'll end up homeless and downtown on heroine again. What do you think??
1 Answer from Attorneys
Re: class 5 felony domestic violence
It is very hard to answer without knowing more about the case. He certainly could get a prison sentence, but probably not the maximum. I could easily see him getting 6 months or even a year. They are getting tougher on DV's all the time. Best regards, Edward DiCato
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