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confused please help

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3791

Junior Member
ohio? my bf was arrested and charged wit possesion / intent to sell. he was arrested with 2 oz of marijuana and a scale. In ohio its a cival citation or mis. if you have <100 grams of marijuana but the scale is a bigger offense. he was charged with a felony 5. He's been arrested one other time for domestic violence but no other prior charges beside that. What will most likely happen to him??
 


Hes facing felony charges that could result in prison time.

If felony charges are filed, the charges must withstand a probable cause hearing before the judge where the judge will determine if there is probable cause for the felony charges. A lot will depend on the circumstances of arrest and/or what he said to the officers.

Crystal Ball (ie total guess)
If sales still sticks this far, since they are threatening prison.. your bf will likely plead and get formal/monitored probation. They arent gonna hammer him on his first offense IMO. Total guess ok but this type of case is a very low level thing.
 
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FlyingRon

Senior Member
If felony charges are filed, the charges must withstand a probable cause hearing before the judge where the judge will determine if there is probable cause for the felony charges.
Do not confuse the California criminal procedure with what happens in OHIO.
There's no 'probable cause' hearing. If the indictment is handed down, the next step is the pretrial conference which pretty much is discovery motions, figuring out what sort of trial (judge, jury, plead guilty, etc...) and set the trial date.

An OHIO (preferably one in the county he was charged in) is going to be required.
 
Well... I didnt just arbitrarily make my post. I researched oHio drug laws and felony procedures and found both very similar to CAs.

2937.10 et seq of the ohio revised code outlines a prelim

Preliminary Hearing for a Criminal case in Ohio
Lawriter - ORC - 2937.10 Setting preliminary hearing for felony cases.

That lawyer and the code address prelim.

After reading those before posting, it seemed very similar to CA and I felt comfortable letting the OP know about a prelim.

Are you saying the Ohio lawyer and Ohio law are inaccurate and that in practice a preilim is not used for felonies? Perhaps a different system is used?
 
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