First Time Marijauna Possession in Ohio
My question involves criminal law for the state of: Ohio
After walking into the Medina County Courthouse to obtain a marriage license, I was searched, and a sherriff found what she deemed to be less than 1 gram of marijuana in my purse. I claimed that it wasn't mine, but was given a ticket stating that I had a minor misdemeanor for possession of marijuana. She told me all I had to do was pay my fine by mail, and that nothing else would happen.
After calling to obtain the dollar amount of my ticket, I was told that I had a possible 6 month suspension on my license.
My fiance told me to plea not guilty and get a public defender. BUT the public defender's office claims that they don't deal with minor misdemeanors. Legal aide doesn't either.
The cost of the ticket isn't so much the issue, it's the possible suspension of my license. This is my first offense and I am 28. Can anyone give me advice on how to plea, or what may happen to me? My court date is September 24. Should I just go to court, or pay the ticket by mail and hope for the best? I don't know...
I don't want to plea not guilty if it will upset the judge. I just really wish that this would all go away. Will I get probation? I don't know how any of this works, and I don't want to piss the court off, nor do I have money for a lawyer.:wallbang:
Re: 1st Time Marijauna Possession in Ohio
You have a whole litany of things you don't want, but I'm afraid it just doesn't work that way. Surely, you had to have expected that taking pot to the courthouse would cause you problems?
Here in Ohio, pot has been largely decriminalized. For a first offender with less than a gram, you get a minor misdemeanor fine of $100, no jail time and no criminal record.
You're not looking at license suspension this time, but if you're careless enough to get caught again, you're on the hook for a bigger fine and a license suspension.
Pay the ticket by mail and stop taking weed out of the house with you.
Re: 1st Time Marijauna Possession in Ohio
I know, I'm kicking myself now. I didn't even realize it was in my purse to be honest. :(
Should I go to court or just pay the ticket by mail? If I should go to court, which is what the lady at the courthouse told me I should do, how should I plea?
Thank you so much for your help. :)
Re: 1st Time Marijauna Possession in Ohio
I see this is a duplicate thread, I'll answer here to your other question.
IMHO, you should go and plea for a conditional discharge. If you don't have money for an attorney, one will be appointed to you. You still have a right to counsel. If nothing else, consult with an attorney to be sure you know how to go about this. Usually you enter a plea of not guilty and go from there (until you get an attorney appointed). You may be able to do this without an attorney but you want to do whatever you can to prevent any conviction.
I've provided a link about a drug conviction and financial aid:
http://www.fafsa.ed.gov/before013.htm
Go thru and answer the questions with the worst possible scenerio. If you are currently getting federal or state financial aid, you could be up a creek. You'll be okay if you do it in a way where it comes off your record (conditional discharge) but if you enter a guilty plea and pay the ticket, it does not guarentee that it comes off your record from a financial aid stand point.
Good luck.
PS...I bet you were the talk of the town down there (I don't live far from you)...those cops will be talking about this for decades....finally gave them something to do!
Re: 1st Time Marijauna Possession in Ohio
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Quoting
gigirle
IMHO, you should go and plea for a conditional discharge. If you don't have money for an attorney, one will be appointed to you.
She stated the PD's office said they don't handle minor misdemeanors?
Re: 1st Time Marijauna Possession in Ohio
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She stated the PD's office said they don't handle minor misdemeanors?
Right. They don't. Because it's treated like a parking ticket, pretty much.
Hey GG? This isn't even going to go on her record at all. First time possession in Ohio does not create a criminal record.
Re: 1st Time Marijauna Possession in Ohio
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This isn't even going to go on her record at all. First time possession in Ohio does not create a criminal record.
My bad, I didn't realize we've become so liberal :) It was my understanding that the first offenders always get a diversion (first time forgiveness). My concern is to the admission of guilt (she would have to plead guilty) and the financial aid. Thanks for clairfying. Man where where the good laws when I was experimenting?
Re: 1st Time Marijauna Possession in Ohio
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Quoting
LawResearcherMissy
Right. They don't. Because it's treated like a parking ticket, pretty much.
I understand this, on the heels of Scott and Ohio common law:
http://supreme.justia.com/us/440/367/
I am not aware of ANY state which affords it's defendant's such protection for jailess crimes etc., under it's own constitution either?