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Permitting Drug Abuse by Another

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  • 06-03-2012, 12:13 PM
    alexxx12
    Permitting Drug Abuse by Another
    My question involves criminal law for the state of: ohio
    (not charged under ohio revised code, charged under city ordinance)

    my boyfriend and i went to pick up 3.5 grams of weed on friday, an undercover was in the parking lot (apparently crack deals go down there) and watched the transaction, the dealer got a green light but we got the red and *boom* the whole drug task force is already at our windows. i was driving. my boyfriend got drug abuse - marijuana, and i got permitting drug abuse. i did some research and found that i was VERY overcharged.

    624.05 PERMITTING DRUG ABUSE.
    (a) No person, who is the owner, operator or person in charge of a locomotive, watercraft, aircraft or other vehicle as defined in Ohio R.C 4501.01(A), shall knowingly permit the vehicle to be used for the commission of a felony drug abuse offense.
    (b) No person, who is the owner, lessee or occupant, or who has custody, control or supervision of premises, or real estate, including vacant land, shall knowingly permit the premises, or real estate, including vacant land, to be used for the commission of a felony drug abuse offense by another person.
    (c) Whoever violates this section is guilty of permitting drug abuse, a misdemeanor of the first degree. If the felony drug abuse offense in question is a violation of Ohio R.C. 2925.02 or 2925.03, permitting drug abuse is a felony and shall be prosecuted under appropriate State law.
    (d) In addition to any other sanction imposed for an offense under this section, the court that sentences a person who is convicted of or pleads guilty to a violation of this section may suspend for not less than six months or more than five years the offender’s driver’s or commercial driver’s license or permit.
    (e) Any premises or real estate that is permitted to be used in violation of subsection (b) hereof constitutes a nuisance subject to abatement pursuant to Ohio R.C. Chapter 3767.
    (ORC 2925.13)


    My boyfriend wasn't involved in a felony. So this charge doesn't apply to me.

    My questions are:
    Will my charge be completely dismissed or will they somehow be justified in giving me a lesser charge?
    -or- is there some f-ed up way they can convict me of this?
    Should I get a lawyer?
    Since it's under the city's law, can my boyfriend still get his DL suspended??
    (I'll be getting him a lawyer no doubt. Hopefully get his charge down to disorderly conduct.)

    there's another option. my boyfriend was told that if we snitch, the charges would be dropped. we don't know anything about snitching. how do you know the cop isn't just lying?

    we were moving back to california in a matter of days. how long will this court BS take??

    thanks much.
  • 06-03-2012, 12:52 PM
    Mr. Knowitall
    Re: I Was Overcharged
    Perhaps their thought is that the drug dealer was committing a felony.

    I can't look up the ordinance relevant to your boyfriend, as you did not identify the municipality. A local lawyer can advise him as to the penalties and potential driver's license impact from the charge.

    If you are concerned that the officer is lying to you, you can engage a lawyer to try to negotiate the terms of your "snitching". I cannot promise that the offer will remain open.

    When you choose to commit crimes, you need to be prepared for "court BS" that can go on for months, and probation terms that can last much longer.
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