Minor Caught With Alcohol at a Public Event

[John1992]

My question involves criminal law for the state of: Ohio

About a week ago i was at a public event called comfest, many people from Columbus know about this festival im sure. I was playing hacky sac and someone passed me a joint i hit it one time and undercover "Peace officers" approached me and asked me and 3 other people to follow them back to there RV to fill out legal fines. while i was at the rv they searched through my bookbag i had on my back at the time they approached me. They found empty bottles of PBR beer in a little cooler bag i had. They confiscated these and took them as evidence pouring the tiny amount of beer into the vile with the roach they had found on the ground.

This is my first offense ever and i have charges substance abuse and possession of alcohol as a minor now. The joint was not mine and i had no drugs on me besides the empty alcohol. I was wondering what were my best options for court, I only have until Monday. The person whos joint it was said they would take the blame for the joint but you can only take that for what it is worth. ANY Help on this legal matter would help me greatly and would be much appreciated

*edit- i am currently 19 attending school and working part time

Thank you

[PTPD22]

I’m not seeing any defense here. It does not matter that the blunt wasn’t yours. You willingly took it and hit it…that puts you in knowing and willing possession. If the cop saw you with it, that’s it. The cop then searched your book bag incident to the arrest for pot possession and found evidence of alcohol possession. Since you are under 21, that is also illegal. So, 1) initial arrest for pot possession based on officer’s direct observation, 2) valid search of book bag, and 3) discovery of evidence of underage alcohol possession. Perhaps you could convince a judge that you had just been performing a community service by picking up empty beer bottle litter…but, I don’t have much hope that will fly. As for the chronic?…nope, don’t see even a long shot way out of that one.

You will likely be offered a deferred prosecution agreement. That would mean your sentence would be suspended (possibly even dismissed…not sure how it works in OH) contingent upon you meeting certain court ordered conditions. The conditions would likely include drug/alcohol awareness classes, community service, law abiding behavior, and a probationary period. A driver’s license suspension is also a real possibility.

[LawResearcherMissy]

You're in more trouble for the beer than the weed.

In Ohio, possession of small amounts of marijuana for personal use has largely been decriminalized. It's like a traffic ticket, and carries only a fine and a finger waggle - no record.

The MIP, however, will earn you a drivers license suspension if convicted - that's mandatory, even though you weren't in your car - in addition to the requisite fines, alcohol classes, and probation.

You'll want an attorney to help you with this. If you already have substance abuse charges, you're going to have a lot more to contend with, especially since drug convictions can bar you from Federal student aid.