prosecutor tells me incorrect Midsdemeanor charge

[AAF]

What is the name of your state (only U.S. law)? Ohio.
I was given a ticket for an open container (it was empty)in University Heights Ohio.
Open container in University Heights is an M4.
Went to court and plead not guilty.
I spoke to the prosecutor. He suggested I do the "first offenders" program....or plead no contest and take the fine. (probably no jail time).
While talking with him, I wanted to confirm that the charge was an M4...he emphatically said "No, it is an M2"...which shocked me and altered my thinking on how to handle the case.

After I went home, I called University Heights police department and was assured it was an M4.
I then called the Shaker Heights courts (who handles the cases), and they looked up my case and told me it is an M4.

SO....why would the prosecutor tell me it is an M2...which is much more serious? Is he playing games with me and trying to force me into a program which will require more money on top of a fine?

Also....if I do the first offenders program ($275 +) do I also have to pay court fines, etc.?

 

[Ohiogal]

What is the name of your state (only U.S. law)? Ohio.
I was given a ticket for an open container (it was empty)in University Heights Ohio.
Open container in University Heights is an M4.
Went to court and plead not guilty.
I spoke to the prosecutor. He suggested I do the "first offenders" program....or plead no contest and take the fine. (probably no jail time).
While talking with him, I wanted to confirm that the charge was an M4...he emphatically said "No, it is an M2"...which shocked me and altered my thinking on how to handle the case.

After I went home, I called University Heights police department and was assured it was an M4.
I then called the Shaker Heights courts (who handles the cases), and they looked up my case and told me it is an M4.

SO....why would the prosecutor tell me it is an M2...which is much more serious? Is he playing games with me and trying to force me into a program which will require more money on top of a fine?

Also....if I do the first offenders program ($275 +) do I also have to pay court fines, etc.?

As I told your mother, the prosecutor is human and probably made a mistake. The judge cannot sentence you to M2 punishment for an M4 (if said punishment would be greater than the max of an M4) without it being reversible appealable error. In Ohio, prosecutors on some cases can be interns who are not fully licensed attorneys but work under an attorney.

 

[AAF]

court on tuesday

Thanks for your reply. (actually the prosecutor is the main prosecutor for University Heights. He has been doing this for many years.

My question: I go to court on Tuesday. The prosecutor suggested I go for the first offenders program. But, I won't know what that will involve (other than the $300.00 to sign up)....
He told me if I plead no contest, I would most likely just get fined but no jail time.

So, my question is: in your opinion, should I just go for the guilty verdict and pay the fine ($250 + court costs) or do the first offenders program?
And...do you know if I pay for the first offenders program (and probably court costs too), do I also have to pay a fine?
If so, it seems as though it would be a lot cheaper to just pay my fine and be done with it.
Just not sure what to do.

 

[donkort]

I would take the First Offenders' program. Trust me, you don't need a misdemeanor crime on your record.

 

[swalsh411]

Most attorneys generally do not recommend taking legal advice from the prosecutor.