Legal Question in Criminal Law in Ohio

mandatory sentencing guidelines

my son is charged with f-1 cocaine possession, he paid this lawyer who keeps telling him hes looking at 10 yrs, he has 500 grams but less then 1000 grams, i told him about what i had read here just some things to think about and he just keeps saying just be prepared to do ten years, its his first time, no trafficking no crack just possesion of under a kilo, i tried to look at revised code for ohio, guess thats why he charged my son 5000$ can you tell me that ten years is not the mandatory time he will have to serve

tnx, have taken your advice several times, been very helpful in the last year or so, once agin tnx--name removed-- ohio


Asked on 6/12/06, 12:20 pm

2 Answers from Attorneys
Willard Hanner Hanner Law Firm

Re: mandatory sentencing guidelines

The law provides that if "If the amount of the drug involved equals or exceeds five hundred grams but is less than one thousand grams of cocaine, possession of cocaine is a felony of the first degree, and the court shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the first degree." The law further provides that "For a felony of the first degree, the prison term shall be three, four, five, six, seven, eight, nine, or ten years." So, he could get as few as three years.

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Answered on 6/12/06, 1:02 pm
Joseph Jacobs Jacobs & Lowder

Re: mandatory sentencing guidelines

First of all $5000 is very very reasonable, considering that many would charge $20,000 and up.

He could get as little as 3 years, and he could even get a plea bargain in terms of agreed time, maybe less. There are many many different factors that determine this, including things you mentioned about his first time being in trouble. Others are what the police know or think they know about his involvement.

Was he someone that they had watched for awhile? How much more do they know?? You will never be able to know the answers to those questions with any real certainty.

Other factors include the Judge. Does he consider drug crimes as bad as real crimes with victims? Many things can be done to mitigate the sentence...legal arguments relating the investigation as leverage.... This is your lawyer's job.

PLEASE KNOW THAT MOST FIRST OFFENDERS SEE THE MANDATORY MINIMUM, AND ALSO KNOW THAT THERE IS A JUDICIAL RELEASE MOTION THAT CAN RELEASE HIM EVEN EARLIER THAN HIS GIVEN SENTENCE.

IN MY EXPERIENCE OF TEN YEARS, I SEE PARENTS IN SUCH PAIN IN THESE CIRCUMSTANCES, AND I HAVE TOLD THEM, IT USUALLY TURNS OUT MUCH LESS THAN FEARED, TIME PASSES AND PEOPLE MOVE ON. ITS NOT THE END OF THE WORLD. IN SHORT, DON'T LET THIS KILL YOU.

IF YOU DON'T LIKE YOUR LAWYER AFTER YOU"VE ACTUALLY SAT DOWN WITH HIM FOR AWHILE, FIND SOMEONE ELSE..RIGHT NOW. MAYBE EVEN SHOP AROUND IF YOU WANT MORE ADVICE FROM SEVERAL OTHER ATTORNEYS.

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Answered on 6/13/06, 5:20 pm


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