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Question

I called in my own prescription to a pharmacy and got caught and was sent to jail. I am out until sentencing. what prison time should I expect. my charge is deception to obtain prescription drugs in Delaware Ohio.

Submitted: 394 days and 15 hours ago.
Category: Legal
Value: $15
Status: CLOSED
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Optional Information

san diego, California

Already Tried:
NOTHING

Posted by Benjamin M. Burt, Jr., Esq. 394 days and 15 hours ago.

Answer

Hello and thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.

  1. I am a licensed attorney, and I will be glad to try and answer your question. I hope that the following information will be helpful to you, but please just write back if you have any follow-up questions or need clarification on anything after reviewing the following information.
  2. Ohio law has had a very recent change in this regard, so different penalties apply if the offense was before or after September 30, 2008. You can view the range of potential penalties listed in Ohio Revised Code § 2925.22. The best course of action would be to retain a criminal defense attorney to represent you. I hope that all works out for you.

I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.

If my answer has been helpful to you, please click "ACCEPT" so that I may be paid. This is the only way that I will receive compensation for the work performed. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done. Clicking "FEEDBACK" to leave your positive comments is always greatly appreciated.

The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

394 days and 15 hours ago.

Reply

The info you gave me is the same info I got off the internet. My question was how much prison time should I expect? my public defender doesn't seem to be much help.

Thanks,

Lisa

Posted by Benjamin M. Burt, Jr., Esq. 394 days and 14 hours ago.

Info Request

Hello again and thanks for writing back. I will be glad to try and comment further.

 

The statutory range (as you already have researched) depends upon the date of the offense and the amount and type of substance in question. If you would please write back and supply the following information, I will be glad to give you more specific information regarding potential terms of imprisonment:

 

  1. Date of offense;
  2. Name of drug;
  3. Quantity of drug (dosage and number of pills);
  4. Do you hold any professional/occupational licenses? (i.e. nurse, doctor, etc.)
  5. Do you have any prior criminal record?

Once I receive this information I will be able to give you more definite information.

 

Thanks!

394 days and 14 hours ago.

Reply

  1. Date of offense; February 2007
  2. Name of drug; Darvocet 30
  3. Quantity of drug (dosage and number of pills); 30
  4. Do you hold any professional/occupational licenses? (i.e. nurse, doctor, etc.) No
  5. Do you have any prior criminal record? just a misdeamer for having an open container in my parked car.

394 days and 14 hours ago.

Reply

I sent you the information you asked for. I hope it helps and look forward to hearing from you.

Lisa

Accepted Answer

Hi there and many thanks for sending the additional requested information.

 

  1. Darvocet is classified as a Schedule IV drug having a low potential for abuse and subject to less regulation than say Morphine or Demerol. Given the type and amount of drug, along with the date of the offense and the other background information you supplied, you would be facing a potential felony of the fifth degree.
  2. Ohio Revised Code § 2929.13(C)applies in determining whether the court should impose a prison term on you if you are convicted as an offender. A fifth degree felony carries a potential imprisonment range of 6-12 months pursuant to Ohio Revised Code § 2929.14.
  3. In addition, for this type of offense there is mandatory statutory language directing the court to impose additional penalties of driver's license suspension of 6 months to 5 years and a fine. All of this gets rather convoluted, so here is the bottom line. I would expect that, with counsel, you will very likely receive zero prison time for this offense. I suspect that you will receive community supervision but will most likely not go to prison. I can make no guarantee, of course, but given the nature of the offense and all of the surrounding circumstances, this is my best prediction based upon my professional experience.

 

I hope this has been of more help. Take care and thanks for using Just Answer™.

 

[Please click the "Accept" button. This is the only way I will get paid for my services.]

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Expert: Benjamin M. Burt, Jr., Esq.
Pos. Feedback: 99.4 %
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Answered: 10/24/2008

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