Drug Paraphernalia and Underage Drinking in Ohio
My question involves criminal law for the state of: Ohio
I was recently cited for drug paraphernalia and a underage drinking charge. I admitted that the paraphernalia was mine, but I was with a group of underage kids who were drinking and they admitted the alcohol was theirs, I had none on me, and I requested to be breathalyzed but never received one. I was previously found guilty of possession of marijuana and alcohol and drug paraphernalia about 6 months ago when I was a minor, in a different county. I just want to know what the likely punishments would be if I plead guilty to these charges, or ways I could fight the case of the underage.
Re: Drug Paraphernalia and Underage Drinking in Ohio
You don't have to have consumed alcohol to be guilty of the statute. It's consume or possess. Possess doesn't imply ownership. If you're sitting around a table with a bottle, you can be found guilty.
Simple paraphernalia possession is a fourth degree misdemeanor. Fourth degrees are punishable by 30 days in jail and/or $250 fine.
Underage consumption/possession is a first degree misdemeanor. First degree is up to a year/$1000.
Your chances of a defense are nil without an attorney. One should never plead guilty without legal counsel as to what the implications of doing so are, though since you're already sporting an extensive criminal record, it probably doesn't mean too much to you.