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What is the likely penalty for this?

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fountainhead

Guest
What is the name of your state? ohio
Hi guys,
I was recently charged with "trafficking in marijuana" (I believe my city's way of wording sale, less than 1000 grams) and posession of paraphernelia. I have no previous criminal record, do you think via a plea bargain or a diversion program I would be able to avoid jail? I am in the process of finding an attorney.

Thank You in Advance
 


JETX

Senior Member
"I have no previous criminal record, do you think via a plea bargain or a diversion program I would be able to avoid jail?"
*** Sorry, but no body can answer this question with any authority, since it is mainly based on far too many unknowns (the strength of the case against you, the 'aggressiveness' of the DA's office, what you might have to offer in 'trade', etc.).

However, I can provide the statute and what the STATUTORY penalty can be:
"§ 2925.03 Trafficking in drugs. -
(3) If the drug involved in the violation is marihuana or a compound, mixture, preparation, or substance containing marihuana other than hashish, whoever violates division (A) of this section is guilty of trafficking in marihuana. The penalty for the offense shall be determined as follows:
<snip>
(c) Except as otherwise provided in this division, if the amount of the drug involved equals or exceeds two hundred grams but is less than one thousand grams, trafficking in marihuana is a felony of the fourth degree, and division (C) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender. If the amount of the drug involved is within that range and if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, trafficking in marihuana is a felony of the third degree, and division (C) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender.
(d) Except as otherwise provided in this division, if the amount of the drug involved equals or exceeds one thousand grams but is less than five thousand grams, trafficking in marihuana is a felony of the third degree, and division (C) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender. If the amount of the drug involved is within that range and if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, trafficking in marihuana is a felony of the second degree, and there is a presumption that a prison term shall be imposed for the offense."

From the above, the 1000 grams puts this as a third degree felony.

Punishment can be one to five years in prison.
http://onlinedocs.andersonpublishing.com/oh/lpExt.dll/PORC/d80e/e07b/e0c5?fn=document-frame.htm&f=templates&2.0
 
F

fountainhead

Guest
Hey, I it was approx. 900 grams, I am actually willing to cooperate with the police on this if it means no jail time, I would say that the case against me isn't very strong, as in reality the pot was not mine, but of the possible individuals whom it did belong to, I am sure no one will step up and say that it was theirs. Would the fact that my fingerprints are not involved and the fact that I am willing to take a polygraph to prove it is not mine help? I did admitted to having pot, in actuality it was about 2 grams(should have been no more than a civil citation) and having paraph., but the cops busted out with a huge bag of weed and said it was mine, since I admitted to having pot, but not the quantity they claim I worry I am being "framed" by an enemy or perhaps even the police, that is why I am willing to cooperate with them, although i feel that helping the people whom are trying to ruin my life is morally wrong, I think going to jail for a crime I did not committ is a greater injustice. Any feedback would be appreciated.....
 

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