What will happen since I was charged with marijuana paraphernalia, less than month before a bill is set to soften the penalties to a minor misdemeanor?

Will I be charged with the harsher penalty, even if my court date was set slighty after the bill goes into full effect?

Asked on September 7, 2012 under Criminal Law, Ohio

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The rule in effect at the time that you committed the offense will control the level of offense.  If the law harshens-- you get the benefit of a lower sentencing range.  If the law softens-- you get the sting of the harsher punishment.  Even though you are stuck with the harsher penalty, it doesn't mean that the prosecutor won't still give you a reduction in light of the legislature's attitude toward the offense.  If you can show that this is an isolated event or that you want to take steps to rehab, you may be able to negotiate for the reduced sentence, even though by law you're not entitled to it.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.