Possession of Marijuana and Paraphernalia
My question involves criminal law for the state of: OHIO
Already had one possession charge in the past with the same court and I'm not a citizen of the USA, which makes me deportable for having a 2nd offense of possesion.
So i was on my way to work and was pulled over my state trooper and he came up to the window and said it smelled like weed and needed to search the car, i let him and he found Marijuana and glass pipe in the car. I'm in a very bad situation right now because if i get convicted i will defiantly get deported of get arrested by ICE. I already lost the motion of suppress and my court date is on 27th. I came home from my attorneys office and he's telling me that on Thursday its gonna be a plea deal or something, basically the court is willing to drop Paraphernalia and hit me with possession. I'm not trying to have any of the charges since they both are deportable for me. I'm feeling very nervous for this thursday.
Re: Possession of Marijuana and Paraphernalia
Quote:
I'm not trying to have any of the charges since they both are deportable for me.
Don't ya think you should have thought of that before you started carrying around drugs? You knew what getting arrested might cause. You brought this on yourself.
Re: Possession of Marijuana and Paraphernalia
shit happens, not like i left house telling myself, lets go get arrested today, i was asking for advice man, not you giving me life lesson. I know what i did is wrong.
Re: Possession of Marijuana and Paraphernalia
Advice... such as, "Be sure to keep a toothbrush handy"? We don't do much hand holding here, and it's not as if you gave us facts that point to a way out for you.
You chose to commit a crime and knew what could happen if you were caught. That didn't just happen - you did it to yourself.
If you have a legal question, please ask it.
Re: Possession of Marijuana and Paraphernalia
ok, should i take the plea, which is just the poss charge and they will drop the para. or should i go on trial? jury trial.
My attorney is telling me to just take the plea because there is a chance i could lose the trial and then ill be stuck with both charges.
Re: Possession of Marijuana and Paraphernalia
Well, since your attorney has access to all the evidence against you, is familiar with the court in which you are being adjudicated, and the other factors in your case, I would be inclined to give weight to his advice. If you really question whether your attorney is giving you the best advice, I would suggest you get a second opinion from another local criminal attorney rather than grasping at straws from amateur internet posters who don't even have all the relevant information in your case. As for this amateur poster, it sounds to me like the state has a pretty strong case against you and your attorney's advice is sound...take the deal.
Re: Possession of Marijuana and Paraphernalia
What's your priority here? Is it being deported? If so, then tell your lawyer and discuss taking it to trial since it sounds like you're facing deportation with any conviction whether it be by plea or trial.
Re: Possession of Marijuana and Paraphernalia
thats right, im worried about being deported since 2nd offense of possession is deportable and the state does have a strong case against, im thinking about just going to jury trial and hope the cop doesn't show up or something.
Re: Possession of Marijuana and Paraphernalia
Then why are you trying to second-guess your attorney?
Re: Possession of Marijuana and Paraphernalia
Because It feels like im going down both ways, even if i take the plea or go on trial.