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Marijuana Possession Charge, First Offense, Following a Medical Emergency

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  • 07-08-2014, 01:17 PM
    kristinarob
    Marijuana Possession Charge, First Offense, Following a Medical Emergency
    My question involves criminal law for the state of: Ohio
    Last Tuesday I had an epilepsy seizure and my neighbour called 911. The ambulance came to my residency and a police officer walked in the apartment as well. I had the seizure in the living room, which is separated from the kitchen by a wall(it is not an open premise that is connected to living room). I had a bag of pot- 3.5 gr on top of my refrigerator( refrigerator is at least 6 feet tall) in a basket. Apparently police officer saw the bag sticking out of the basket and he pulled it out of there without my presence in that area. He came to living room where medical help was and asked if I was the only resident of the premise. I realized what was happening and answered that I had a friend that comes over. At that point he just took the bag,without any ticket issuing -sure enough he saw it was supreme quality and I think he wanted it for personal use. I was brought to the ambulance, police officer was already in his cruiser. I had seizures before I know there is nothing that can be done and so I requested to be released. As I was getting out of the ambulance, a boyfriend of mine came over to see me. Police officer saw him and jumped out of the vehicle, came back to my residency and asked if that was the friend that visits me. I told him that was not of his concern and then he gave me a ticket. In the ticket he put a wrong code- max fine in Ohio is 150, he put $173 category.
    My hearing was scheduled for July 7th, I filed for continuance since I do not want to deal with it right now,plus I am leaving the country and I won't be back until August 20. My hearing was rescheduled for August 21. I hope the police officer consumes it and there will be no evidence to show and I know case will be dismissed. What else did the police officer do the wrong?I know that according to Ohio Laws & Penalties:

    "Possession" means having control over a thing or substance, but may not be inferred solely from mere access to the thing or substance through ownership or occupation of the premises upon which the thing or substance is found.

    Please advise how to proceed further. I never had a speeding ticket or any other violation.
  • 07-08-2014, 01:40 PM
    cdwjava
    Re: Marijuana Possession Charge, First Offense, Following a Medical Emergency
    Consult legal counsel. Your attorney can address the matter and offer you advice on how to proceed and any options for counseling and diversion.

    Oh, and the possession was NOT "inferred" solely as a result of access or location. When you add that it was in a basket on YOUR refrigerator in YOUR home where you are the sole resident.

    Perhaps it is time to consider getting clean.
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