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  1. #1
    Join Date
    Mar 2011
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    Default Presumption of a Prison Term

    My question involves criminal law for the state of: Ohio

    When the wording of a statute involves "presumption of a prison term," does that have the same meaning as mandatory? Or is it closer in meaning to "expectation of a prison term unless there factors indicating otherwise?"

    In particular, if I were charged with three offenses with a presumption of a prison term, although no "mandatory" prison time associated with said offenses, and have no prior arrests or charges, what sort of sentence would be likely? Further information to help you answer this questions includes the following:
    No prior arrests or charges
    No violent or sexual charges
    All charges are drug charges, two trafficking offenses(heroin, one f3 and one f4) and two possession offenses (heroin, one f3 and one f4)
    No guns, or other specifications
    Current Member of the dean's list as a full-time student a local, accredited college
    Attending a treatment program (again, mental health board accredited) with multiple clean random drug tests (the treatment program is not court-mandated, at least at the moment)
    Cooperating with my reporting bond (also, I was recognized on 2 f3's and 2 f4's, for which I was lucky and thankful) including clean drug tests
    Letters from six professors (one of whom is a sherriff, and another who is a 22 year veteran of the adult parole authority) indicating participation, attendance, and good exam scores in their classes


    To recap, if found guilty (which I feel would be likely if I don't receive an offer that I find acceptable), what sanctions would be likely, in your experiences (I know they would be guesses, but they would help me to prepare as well as put me at ease; ranges of sanctions would also be helpful; so would percentage statistics based upon your experience)?
    What, if any(as a result of pretty strong evidence), would offers from the prosecution consist of, in terms of sanctions (prison, jail, community control, etc.)? Again, ranges, percentage chances of different result, etc. are all helpful, and I know they would just be guesses. Thanks, and I really appreciate the help.

  2. #2
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    Default Re: Presumption of a Prison Term

    What statute(s) are we talking about - give the statute number(s).

  3. #3
    Join Date
    Mar 2011
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    5

    Default Re: Presumption of a Prison Term

    Quote Quoting Mr. Knowitall
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    What statute(s) are we talking about - give the statute number(s).
    ORC 2925.11 Possession of Heroin (4th degree & 3rd degree)
    ORC 2925.03 Trafficking in Heroin (3rd degree & 4th degree)
    link: http://codes.ohio.gov/orc/2925

  4. #4
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    Default Re: Presumption of a Prison Term

    Such a presumption is potentially rebuttable. See, e.g., State v. Corbin (2001), 141 Ohio App.3d 381, 386-387, 751 N.E.2d 505.

  5. #5
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    Mar 2011
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    5

    Default Re: Presumption of a Prison Term

    Quote Quoting Mr. Knowitall
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    Such a presumption is potentially rebuttable. See, e.g., State v. Corbin (2001), 141 Ohio App.3d 381, 386-387, 751 N.E.2d 505.
    What sort of information would be grounds to rebutt said presumption?

    In the sentencing guidelines in 2929.12 (I think, also .13) I fit all the items making a crime "less serious" and recidivism "less likely" and do not fit any of the items making recidivism more likely or the crime more serious. Does my standing as a dean's list student make any difference? Or the fact that upon searching my house, a large number of needles & used bags were found (no weapons were found), indicating heavy use (and likely selling to support habit) and am currently enrolled in a treatment program with multiple clean drug tests (both in treatment program & in reporting bond)? Does reporting recognizance make any indication as to the court's disposition towards me (I felt that receiving only 5000 recognizance, no cash or surety or appearance bond was very lucky, but partly due to my school status as my lawyer informed the judge as to my school standing, and after the prosecutor then specifically asked for bond due to the case being one of drug trafficking, the magistrate said "duly noted" and gave me recognizance).

  6. #6
    Join Date
    Nov 2007
    Posts
    1,419

    Default Re: Presumption of a Prison Term

    This is where making sure to have a good lawyer with experiences in these type of cases help,if you can't afford the lawyer the pd will help you. If this was me I would pray they can arrange a good plea to only one of the charges . Staying out of trouble,having a prior clean record and making sure to look presentable and respectful in court will help,your lawyer should have some type of game plan and be familiar with the da and judge.

    Its important to discuss your plea options with your lawyer and maybe get a 2nd option if a conviction at trail is certain then a plea deal is gonna in your best interest. It's just a question of the best one that can arranged. The two selling charges are the ones to worry about and hope it be knocked down to one or both can be served at the time. If none of the offers are acceptable to you then once the trail comes and guilty verdict the sentence is gonna be higher.

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