Ohio law question about drug abuse....?

Question

Ok, my hubby had his license suspended in feb 06, and last week he got pulled over with no license. He went before the judge and is being convicted of: carrying a concealed weapon, drug paraphenilia, and drug abuse. The judge said a possible minimun of 21 months in jail if found guilty. He plead not guilty. We go back on aug 1st to see what happens. My questions are:
1: It's his first offense. Do they have to serve jail time, or just a fine and probation(for the first offense)?
2: Aren't the jails over-crowded anyways?
Please, serious answers only.
Thanks.

Also, if he plead "not guilty", will it look like he lied in front of the judge if found guilty???

Answer 1

YIPES!!! If he's looking at 1. driving on a suspended 2. weapons charge 3. paraphranelia 4. drug abuse... Where I come from that's 4 jailable offenses but most judges don't want to put first time offenders in jail. If he is a responsible family man with a job and a good attitude he's got a pretty good chance. Just an educated guess but I'd say he'll probably get a stiff fine and maximum amount of supervised probation. Good idea to prepare to pass a urinalisis on court day coz that's the first thing that they'll want after the trial if he gets probation.

Keep him out of trouble till the trial. Clean him up real nice for court, yes sir, no sir, all that b.s. and be positive.
BEST of LUCK

Answer 2

I'm not an officer but do know someone whose son got mixed up with the wrong crowd so am coming from that perspective for what it's worth.
Driving on a suspended with a concealed wapon and drug anything is not good. You can expect jail time. First offense doesn't matter. That's serious stuff. Yes jails are crowded because too few people can respect the law - but drugs and weapons don't mix behind the wheel of a car. My friend's son *wasn't* suspended and there was no weapon and he got jail time. He got out and was stupid and did it again and, thankfully, ran into some hard headed cops who cared enough to put him in jail. He's now truly turning his life around - in many ways it's been tarnished forever. But put the time to use - he needs to get clean and use the time to focus on putting things in place that it doesn't happen again. And when it's behind...go back and thank the officers who arrested him. It beats a funeral.

Answer 3

1. The serving of jail time is up to the judge. The fact that it is only his first time might be taken into account. But it is possible to serve time on a first offense.

2. yes, some of the jails are overcrowded. The judge may also take that into consideration. But if he does have to serve (plan on serving something) then he may not have to serve right away.

Oh, and it sounds like you've got youself a real winner there. You're really a lucky gal. He's gonna make a great father too. The little ones will have someone to look up to now won't they?

Answer 4

PCP essays in school... yeah right. I suggest you dont get caught or better still dont use it at all. it is one of the most destructive to the brain drugs. being a dissociative it does the most damage to the cells, and actually cooks them through increased brain temperature. very dangerous, and thats not mentioning the psychological effects of using. ketamine is bad too, but only lasts an hour, PCP lasts about 6 hours. thats like being in surgery for 48 hours but you are conscious and destroying yourself through insane antics.

Answer 5

Ouch- yes, Ohio laws are sucky but if your hubby didn't have his lisecense, he can get some jail time, HOWEVER, it usually will get reduced to almost no time if any. Try getting a good lawyer, Ohio police are tough. GOOD LUCK!!!!

Answer 6

he is going to jail for awhile. if the jails are overcrowded, the he will go to prison. he can go to prison only if his sentence is longer than a year and 21 months qualifies