Legal Question in Criminal Law in Ohio

Class 5 felony in Ohio

I am a 47 yr. housewife that suffers much pain from rheumatoid arthritis. I am on codeine and other (non-narcotic) drugs (thru a doc Rx), and have been for 6 yrs. When I was in between doctors, I did a stupid thing and changed the refill amt. on my last codeine Rx from 2 to 4, hoping to make the Rx stretch until I found a new doctor. I was indicted on a class E felony.

This is my first offense and I have never done an illegal drug in my life but I must submit to a U.A. every week, awaiting trial. I am under the care of a new doc now and I still have to take all the same meds, including the codeine Rx I am being charged on. Will I have to go for drug rehabilitation and do jail time and will I be able to get this expunged years later? Unfortunately, I will never again be able to live without drugs since getting RA.

I have also been told that I can never have a narcotic ever written for me again if convicted of a felony. Is this true?


Asked on 9/08/00, 4:25 pm

1 Answer from Attorneys
Gregg Manes Gregg A. Manes, Esq.

Re: Class 5 felony in Ohio

Your question poses a lot of questions. First of all there is the presumption for probation on a 5th degree felony. Second you can get this expunged if this is your only offense including dui's or suspended licensing and wait until 3 years after you are off probation. Third, if your doctor states that you need pain meds that are narcotics, you may have them, but you will have to also get the approval of the judge and probation.

Good luck and feel bbetter.

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Answered on 10/11/00, 1:00 pm


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