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  1. #1
    Join Date
    Mar 2011
    Posts
    5

    Default Plea Bargain and Sentencing With Multiple Felony Charges

    My question involves criminal law for the state of: Ohio

    I am charged with four felonies, two heroin trafficking charges (one 4th degree, one 3rd degree) and two heroin possession charges (one 4th degree, one third degree). I have a codefendant on one trafficking charge (the 3rd degree) and one possession charge (the 4th degree). My codefendant has a second pending case where he is charged with five felonies (3 f3's, one f2, and one f5, all trafficking of ecstasy). His codefendant in that case has already agreed to a plea agreement where he plead guilty to one f3 in return for nolle prosequi on the other charges.

    For three of my charges, both heroin trafficking charges and the 3rd degree heroin possession charge, there is a "presumption of a prison term," verbatim from the ohio revised code. However, I have no prior record, of either charges/arrests or convictions, have no specifications (firearm, or other), am not charged with any violent offenses, etc. Furthermore, I am already participating in a drug treatment program (and have multiple clean, random drug tests on my record at the program), am on the dean's list at a local college, have letters from all my professors (including a sherriff and a former prosecutor/22 year veteran of the adult parole authority) stating that I participate in class, did not miss class except when I was in jail as a result of this one case, and have cooperated fully with my probation officer (which I have as a condition of my reporting recognizance, which includes drug tests which I have all passed).

    Sorry for the long-winded windup, but my question is simply this: What should I expect to receive as an offer from the prosecution? While the case is pretty strong (crime lab tested the seized substances, and were found to be containing heroin, a CI will be testifying against me and his testimony was believed in a similar case, etc.), I feel that I have a pretty good chance of receiving an offer with only community control sanctions (with prison time over my head, obviously) as a result of my standing as a dean's list student, participation in a non-mandated, currently, treatment program, etc. If the offer from the prosecution had more than a year of prison time, and a trial was conducted, after which I was found guilty, what would you guess to be my sentence? I know that there is no exact answer to these questions, but your guesses would help to prepare me for whatever is coming, and would help to put my mind at ease (even if the answer is one I don't want). I didn't admit to anything when arrested, by the way.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    73,023

    Default Re: Pending Case Question Regarding Plea Bargain and Sentencing

    You need to discuss with your criminal defense lawyer what deal you might be able to obtain given the charges, facts and evidence, and whether you might be able to do something to sweeten the deal (e.g., provide evidence about other drug crimes, cooperate with the prosecution, etc.) if that sort of thing interests you.

  3. #3
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,276

    Default Re: Pending Case Question Regarding Plea Bargain and Sentencing

    It really matters not what people think; you'll have to wait until an offer, if any, is proposed.

  4. #4
    Join Date
    Mar 2011
    Posts
    5

    Default Re: Pending Case Question Regarding Plea Bargain and Sentencing

    Appreciate the two replies. While if it came down to prison time or not, I would consider setting someone up, I would prefer to not let someone else take responsibility for my actions. Also, I feel I have a pretty good chance of a hefty probation term + at least 3 years on my head or something along those lines, given the positive recommendation a Presentence investigation (required for all felons who may receive probation, even if both prosecution & defense recommends probation) based upon my good standing in the community. Really, I was just looking for a guess as to the approximate sentence I would receive both from a deal (without "snitching") and/or from a trial.

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    73,023

    Default Re: Pending Case Question Regarding Plea Bargain and Sentencing

    See what you can figure out from the statutory sentencing guidelines, based upon the facts of the offense and possible plea deals.

  6. #6
    Join Date
    Nov 2007
    Posts
    1,257

    Default Re: Pending Case Question Regarding Plea Bargain and Sentencing

    It's all a crap shoot,let the lawyer see what he can work out. This is isn't selling weed or a pill or two,Heroin selling looks very bad. Having a clean record will help but don't be surprised if you have to serve some jail time,if found guilty at trail it will probably be a lot more.

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