Legal Question in Criminal Law in Ohio
misdemeanor possession of a controlled substance
a friend of mine, who is 17, was arrested for having 1 oxycontin, court date is coming up soon, is it best to try to plead guilty to a lesser charge or ask for leinency
1 Answer from Attorneys
Re: misdemeanor possession of a controlled substance
If your friend is 17, this is most likely a delinquency case in juvenile court. If so, I strongly suggest that your friend gets a lawyer to help him or her. In juvenile court, it can sometimes be better to plead to a greater offense and have it "held open" through a probationary period after which the charge might be dismissed. A lawyer can speak with the prosecutor and see what options he or she is willing to give. Your friend is unlikely to be able to have the same access to the prosecutor. If your friend cannot afford to hire an attorney, he or she may be eligible to have counsel appointed by the court.
As a general rule in criminal law though, pleading to a lesser charge is almost always more beneficial than asking for "leniency" on a more severe one.
If you or your friend has any further questions, feel free to contact me.
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