Legal Question in Criminal Law in Ohio

Hi, how are you today. I have some questions about some things in my boyfriends case. He is being Charged with drug traffing cocaine. The charges are three felony 3s cocaine and two felony 4s marajuna. The felony 4s he's not worried about. The felony 3s is whats questionable. This is the case. The evidence on the F3s is an informant, they have no marked money, no pics of the transaction, and no video. There is 3 tapes they have, and 2 tapes for the F3s, there is nothing but a call from the informant to my boyfriend, nothing illegal is dicussed, just only his voice and informants voice, and thats it, no transaction or nothing. On the third tape it is the same thing but this time my boyfriend tells him that he can get him some marajuana. There is nothing else on the tapes at all about trafficing cocaine. So my question is. Is there enough evidence to convict him and how should he go about those charges? And another thing my boyfriend has never been in trouble with the law and the informant has been in prison for five years and is still going through legal matters. My boyfriends Public defender is telling my him to Plea to two of the F3s and one of the F4s. But my boyfriend keeps on telling me he is not quilty on any of the F3s. And Should he take it to trial?


Asked on 1/20/10, 11:51 pm

1 Answer from Attorneys
David Davies Law Office of David H. Davies

First-your boyfriend should carefully consider the advice from the PD. They have a lot of experience with these types of cases. You may not be aware of all of the evidence in the case. The PD is not under any obligation to tell you the facts that they are aware of and your boyfriend may not be giving you the "exact" truth.

Second-If your boyfriend wants a trial because he is not guilty of the cocaine charges then he is entitle to a trial. He could loose even if he is not guilty. The cocaine charge is much worse on his record then the MJ and if he is willing to risk a harsher penalty if he looses, then he may feel that it is worth the risk.

If you want to discuss this with me in more detail, feel free to give me a call at 440-953-2000. I have been both an assistant county prosecutor and a PD. I have also handled many of these types of cases privately over the past 30 years. No charge for a confidential tel conversation.

Good Luck!

DHD

Read more
Answered on 1/29/10, 8:19 am


Related Questions & Answers

More Criminal Law questions and answers in Ohio