Does a Prior Conviction Disqualify You from Intervention-in-Lieu of Conviction Under Ohio Law?/ January 13, 2014
Today I received a call from a person in Columbus, Ohio. He had a prior history of felony convictions for several drug possession and trafficking offenses. He is currently charged with a F-5 drug possession case. The question he asked was this: “Does my prior record of felony drug convictions disqualify me from avoiding a new conviction under Ohio’s intervention in lieu of conviction statute?”
What Ohio Law Says
Ohio Revised Code Section 2951.041(B)(1) disqualifies a person with a prior conviction of violence from receiving intervention-in-lieu of conviction, but allows a person with other non-violent felony convictions to receive intervention-in-lieu of conviction, but only if the prosecutor recommends in favor of eligibility.
In this case, the caller was not disqualified from receiving intervention in lieu of conviction. But the prosecutor would have to agree to recommend it.
An Attorney Can Help Make Your Case
In this case, the prosecuting attorney is objecting to intervention (treatment) in lieu of conviction, but my review of the facts and circumstances surrounding his arrest showed a real suppression issue regarding the stop and search, which I believed was not proper and could result in a suppression of the evidence used to prosecute the case.