Legal Question in Criminal Law in Ohio

felony2 - probation?

I know someone who was convicted of a felony 2 drug trafficking. he received a two year sentence. This was him first offence. Has their ever been a case where sentencing can be revoked or changed to shock probation even though it is a minimum mandatory? He is only 23 and made a very bad choice but comes from a very good family and they feel he would be more broken in prision. He is not a addict so rehab is not an option. He is being placed with violent repeat offenders. Are there any other options for him? Can a judge override the minimum sentencing or make suggestions in exceptional cases?


Asked on 2/13/05, 8:37 pm

1 Answer from Attorneys
Chad Main Chad Main Attorney at Law

Re: felony2 - probation?

Shock probation is usually considered at sentencing. Generally, a judge is bound by statute to impose any mandatory prison terms. To get around a mandatory sentence, there generally has to be a change in the crime charged. If there are any arguments to be made about a sentence, it generally is done via appeal.

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Answered on 2/13/05, 9:33 pm


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