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
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
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).
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.