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  1. #1

    Default First Time Felony of the 5th Degree: Possible Outcomes

    My question involves criminal law for the state of: Ohio

    Over the weekend I got intoxicated and stole a set of license plates. I was pulled over and the plates were discovered. I admitted to the theft, was transported to County Jail, and am now out on bond. I have 3 charges in total resulting from the same incident:

    -Receiving Stolen Property - Other {(Felony 5}
    -Non-Compliance (for driving under suspension)
    -No Operators License

    I was given two seperate court dates, one for the felony and one for the traffic violations. My first question is:
    {1.} "Why do I have two seperate court dates, when all of the charges were brought against me at the same time?"

    My second question relates to the Felony 5 that I received and is a two-part question. Though I have prior traffic offenses, I have no criminal history. I understand that the minimum jail time for an F5 in Ohio is 6 months.

    (2a.) "Are there any other possible punishments for a first time offender besides incarceration?" If so,
    (2b.) "What is the overall 'textbook' likelyhood of a first time non-violent offender receiving a judgement which includes something other than the minimum 6 months incarceration?"

    I understand that every case is different and that there are a myriad of variables which can effect the outcome of a trial. I just need an honest opinion from an educated person to help me keep it together. The threat of 180 days incarceration with murderers and violent offenders is really taking a mental and emotional toll on me. Any and all replies to this thread will be very much sincerely appreciated. Thanks.

  2. #2
    Join Date
    Sep 2010
    Posts
    9,270

    Default Re: First Time Felony of the 5th Degree: Possible Outcomes

    Question #1, it depends on the jurisdiction. Your unclassified misdemeanors can be heard in the muni courts while the felony (at least for the trial) needs to be done in common pleas. Most likely your misdemenaors will be dealt with at once while there will be a number of appearances for the felony. Your lawyer may, if it's actually in your interest, get the misdemeanor held concurrently with some other procedure.

    Felony sentencing info is here: http://www.supremecourt.ohio.gov/Boa...ns/default.asp

    Except for certain crimes (of which this one is not) there appears to be no mandatory minimum term. The judge doesn't have to send you to prison (but he can if he sees fit).

  3. #3
    Join Date
    Aug 2007
    Posts
    3,837

    Default Re: First Time Felony of the 5th Degree: Possible Outcomes

    Quote Quoting carllewenski
    View Post

    I was given two seperate court dates, one for the felony and one for the traffic violations. My first question is:
    {1.} "Why do I have two seperate court dates, when all of the charges were brought against me at the same time?"
    Common Pleas Courts try Felonies, not traffic offenses. While they can also hear Misdemeanor cases I believe (??), the others are violations of Title 45, Motor Vehicle, right?

    My second question relates to the Felony 5 that I received and is a two-part question. Though I have prior traffic offenses, I have no criminal history. I understand that the minimum jail time for an F5 in Ohio is 6 months.

    (2a.) "Are there any other possible punishments for a first time offender besides incarceration?" If so,
    (2b.) "What is the overall 'textbook' likelyhood of a first time non-violent offender receiving a judgement which includes something other than the minimum 6 months incarceration?"

    I understand that every case is different and that there are a myriad of variables which can effect the outcome of a trial. I just need an honest opinion from an educated person to help me keep it together. The threat of 180 days incarceration with murderers and violent offenders is really taking a mental and emotional toll on me. Any and all replies to this thread will be very much sincerely appreciated. Thanks.
    You are entitled to a public defender if indigent and you plead not guilty, which is always the best course for especially a felony.

    IF you are not appointed counsel if indigent, you can NOT be sentenced to jail/prison, that is a US SC ruling.

    Your lawyer will advise.

  4. #4
    Join Date
    Nov 2007
    Posts
    1,258

    Default Re: First Time Felony of the 5th Degree: Possible Outcomes

    Try and work out a deal to with your lawyer to reduce the felony to a misdemeanor and see if any diversion or other programs is available to avoid a conviction. I'm not a lawyer but since it's your 1st offense and they're are lot more serious offenses,chances are good you will get probation. Some type of plea bargain should be offered that includes probation. Now is the time to hire a lawyer and discuss with them a plan of attack.

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