Can a Felony 5 be dismissed?

Asked over 4 years ago - Stow, OH

I have been charged with a felony 5 for bouncing a check for $500 to a collision company. It was not intentional and I have never been in trouble ever and I am 37 years old. When I received a call from a detective on a Tuesday he told me to come in on Thrusday Morning to get thistaken care of. Instead of me being able to go in on Thursday morning I received a knock on my door at approx. 3:30 am and their were police officers outside to arrest me. They took me to the jail and booked me and kept me until the morning. So can a felony 5 be dismissed and should they have been able to pick me up like that even though the detective already told me to come down on my own on Thrusday morning?

Attorney answers (3)

  1. Mark Weaver

    Contributor Level 10

    1

    Lawyer agrees

    Answered . If you have been arrested for a felony indictment, that means a Grand Jury has reviewed evidence about the alleged crime and voted to have you charged. The prosecuting attorney who works with the Grand Jury likely recommended a Fifth Degree felony as the most appropriate charge. Most prosecutors are willing to reduce a Fifth Degree felony in return for a guilty plea to a misdemeanor. Depending on your past criminal record and the details of the alleged crime, you may avoid jail entirely if you agree to such a "plea bargain." Even if you were convicted under a Fifth Degree felony, the judge will start with a presumption that prison time is not warranted.

    In any case, you need an experienced criminal defense attorney to defend you and you should not enter into any further discussions with police until you are represented . I do not do criminal defense work (I often serve as Special Prosecutor in cases like these) but I know several good criminal defense attorneys and would be happy to recommend them to you.

    If you cannot afford an attorney, the judge will appoint someone to represent you at no cost. Good luck.

  2. Philip Alan Eichorn

    Contributor Level 19

    Answered . Any case can be dismissed, the question is whether or not the prosecutor will file the motion or if it has to be litigated before a judge. Please retain counsel immediately and fully discuss your circumstances with him/her.

  3. Danny James Weisenburger

    Contributor Level 13

    Answered . Any charge can be dismissed, but the question is whether they will do so. That depends on the facts and circumstances. Your case must be set for a Preliminary Hearing very soon. You are already making mistakes by speaking with the police and in believing them. What you need to understand is that the job of a police officer is to put you behind bars. There is no law preventing them from lying and nothing to stop them from arresting you at 3:30 A.M. You appear to be suffering from many misconceptions about the law and you are in dire need of immediate legal advice before you do further damage to your case, especially if you are facing prison time on a felony.

    Check out www.OhioCrimeLawyer.com for additional information on criminal charges.

    Dan J. Weisenburger, Stow criminal defense lawyer

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