Legal Question in Criminal Law in Ohio

sentencing

My son is in prison (Allen Correctional 5-14-04)

first time offender for a total of 10 burglaries 5 in Hancock co. 4 in city of Findlay 1 in Hardin co (agg.burg) For a total sentence of 9 yrs. Minimun time served 5yrs.

The 5 Hancock charges and the 1 Hardin charge were ran concurrently running the 4yrs consectively. (9/F5),(1/F1)

The 6month mimimun sentence for Hardin Co. Has already been served and he is currently finishing up the rest of the mim.4yrs on the 5 year sentence.

Everyone I have spoke with has said this sentencing is extreme. (i understand the sentencing he is not innocent)

but i have seen murders get less time. This is the result of the death of his father,wrong crowd,and drugs.

Can you please shed some light on this for me.

Thank You for your time.

Questions:

Can Ohio sentence him to consective sentences for first time offender?

Is there any case law that might get him out in less then the mimimum of 5yrs?

Does he need an attorney for any of this or is it handled thru the case worker at the prison?


Asked on 10/22/04, 9:41 am

1 Answer from Attorneys
Richard Cline Office of the Ohio Public Defender

Re: sentencing

First, let me tell you that I am sorry to hear about your son's legal problems. I can only imagine how difficult this must be for you, especially if the boy's father is gone.

You asked three questions and I would like to try to answer them. Before I do that, however, I must tell you that it is very difficult to give precise answers to these questions without first reading the entire file, talking with your son, etc. to find out the full background. With that limitation noted, here are my general answers to your questions:

(1) Consecutive sentences may be imposed, even on a first time offender, if the Court made the proper findings.

(2) Unless the Court made an error in the method of sentencing, there is no case law that I know of that would allow your son to be released before the five year minimum was served.

(3) Case Worker vs Lawyer: The case worker cannot help your son with legal problems. Either your son must do this himself or he must get an attorney to help him.

There are time deadlines on actions that may be taken to help your son. If you intend to get an attorney to help you, I would not delay as the more time that goes by the harder it will be for that attorney to help your son.

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Answered on 10/22/04, 4:22 pm


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