First Time Paraphernalia Charges in Ohio

My question involves criminal law for the state of: Ohio
More specifically in Westerville, Ohio.
A couple days ago, me and friend were caught with a pipe and were both charged with drug abuse (527.03) and possession. of paraphernalia (527.12 B) This is my first time having any trouble with the law and I don't really know what to do. I have already talked with an Attorney and he said he could help and get this thing dismissed. A lot of my friends are telling me not to waste my time with an attorney and that i will be let off with probation and a drug class, but i really don't wanna chance it. I am a college student and i have a job and i just bought the pipe literally 2 days before the whole situation. I don't have much money and I really don't want my license to be suspended. I just need some advice, and ANYTHING would be helpful right now. thanks

You're paying your lawyer to answer these questions for you. If your lawyer believes you can get your charge dismissed after probation and a drug class, and that's consistent with your friends' experiences, that's likely what will happen.

but i don't have enough money to spend on a lawyer, and my friends are saying i will get the same results with or without him. i will take anything, i just cannot have my license suspended. what are the chances that i will be let off with just a fine and probation?

Not to put too fine a point on it, but your friends are idiots. You should never walk into a courtroom without competent legal representation.

In the state of Ohio, it is REQUIRED that your license be suspended for at least 6 months for any drug conviction - and that includes toting your shiny new bowl in your pocket. Fines and probation = conviction = suspension.

You MIGHT get lucky with the judge and get nothing more than a finger shake, a lecture and a dismissal, but don't count on it. Go back to the lawyer and hire him so he can try to get you a dismissal.

instead of hiring a lawyer, can't i just get a court appointed one? and should i try to talk to the judge or the prosecutor to get a lesser sentence.

I am in the same situation except i am a minor. A friend of mine got a drug charge, the judge told him it is mandatory to suspend his license, but he let him go. And that definately wasnt the first time this person has been to court for such things. I was caught with paraphernala, and it is my first offence too. I am just worried because for ALMOST any drug it is worse to be over-age with it, except marijuana or things like that. But everyone is right, it is ALWAYS better to have someone representing you. Even if it is court appointed.

everything is ok now. the prosecutor dismissed the paraphernalia charge and i got the drug abuse only. its only a minor misdemeanor so it wont mess up my record. but i got a fine and my license suspended for 6 months. its not too bad tho, cause i still having driving privileges for school and work. all in all this ended ok.

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Quoting Kollege_Kid25

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everything is ok now. the prosecutor dismissed the paraphernalia charge and i got the drug abuse only. its only a minor misdemeanor so it wont mess up my record. but i got a fine and my license suspended for 6 months. its not too bad tho, cause i still having driving privileges for school and work. all in all this ended ok.

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Did you end up getting a lawyer? I am in the same situation right now. I don't know what to do. I got charged with paraphernalia n on me .3 grams. but the cop put down 3.1 to screw me over. i want to dispute that, but i dont know how.

Except for a traffic ticket, there is never ever a time when you are charged with a criminal offense that you don't need a lawyer. For example, I suspect that with a lawyer's help you would never have gotten your license suspended over paraphanalia. Never ever go to court with a court appointed lawyer unless you really have no way to pay a lawyer. Period. It will always, 100% of the time, go better if you have your own lawyer.

I am aware that this Thread is rather old but I still want to make a reply. i found it on google. my gf just got popped in westerville actually. I've heard this discussed before among friends. maybe smart people will find this on google. i juiced it up with code #.

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Quoting Bubba Jimmy

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Except for a traffic ticket, there is never ever a time when you are charged with a criminal offense that you don't need a lawyer. For example, I suspect that with a lawyer's help you would never have gotten your license suspended over paraphanalia. Never ever go to court with a court appointed lawyer unless you really have no way to pay a lawyer. Period. It will always, 100% of the time, go better if you have your own lawyer.

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sorry bubba but i think you are probably wrong on the license suspension.

the westerville city ordinance 527.12 specifies:

(g) In addition to any other sanction imposed upon an offender for a violation of this section, the court 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.

( http://www.amlegal.com/nxt/gateway.dll?f=id$id=Westerville,%20OH%20Code%20of% 20Ordinancess%3Ar%3A1bee$cid=ohio$t=document-frame.htm$an=JD_527.12$3.0#JD_527.12 )

and ORC 2925.14 says:

(G) In addition to any other sanction imposed upon an offender for a violation of this section, the court shall suspend for not less than six months or more than five years the offender’s driver’s or commercial driver’s license or permit. If the offender is a professionally licensed person, in addition to any other sanction imposed for a violation of this section, the court immediately shall comply with section 2925.38 of the Revised Code.

( http://codes.ohio.gov/orc/2925.14 )

its my understanding that license suspension is in effect for all drug related charges except possibly charge under 2925.11(C)(3)(a) (norml website says no license suspension for minor misdemeanor pot possession) however 2925.11(E)(2) says that license suspension is mandatory for any offense of 2925.11 including minor misdemeanor.

furthermore this resource (even tho its out of state i think it applies) http://www.bmv.ohio.gov/driver_licen...l_drug_sus.htm suggests that possibly the suspension can be terminated if the charge is reduced to a non drug related charge.

because pot is a drug, even tho most people consider it harmless, in the eyes of the law its serious business, even tho its just pot.

dont expect to get a case reduced to a non drug related offense like other more serious offenses might be reduced to a lesser misdemeanor or minor misdemeanor disorderly conduct type charge. They dont want to miss an opportunity to get you off the drugs (even pot) by suspending your license (privilege, not a right), forcing you into some type of drug treatment program (which costs considerable money and is often long term ineffective if forced as part of court criminal diversion), etc etc.

lets see, next, if you are planning on applying for federal education assistance a simple pot charge can ruin it and potentially your life. Its my understanding that after serving a sentence for murder you can get federal college funds but not after paying a pot ticket in most cases (please let me know if this is wrong, in previous discussions with my senator (now former) she advised this was her understanding of the legislation regarding this funding. [debbie price iirc])

finally with regards to legal council - you will only be able to get court appointed council if you cant afford your own council. If you are able to pay for council then you cant be cheap and use council provided by public defender's office - they want to know about your household income and stuff and you or your family or whomever might make too much money.

chances are good an attorney isn't going to do much for a lesser pot charge. (i dont see dismissal unless the circumstances surrounding your arrest make it questionable for prosecution to prevail on charges) generally they dont dismiss stuff, especially if they caught you red handed. often they will accept a plea on a reduced charge to move you along the system. like i said drugs are a little different. if they let you off scott free you might sue them for wrongful arrest is how a former attorney explained it to me. if you press it and you have a case you can probably really get off scott free, but in my case it was $5,000 to proceed with that phase of case. $5,000 and a maybe or $50 minor misdemeanor ticket?

you might have a scenario of $5,000 vs. the tens of thousands of dollars in financial aid required for your secondary education. probably want to hire the best attorney you can find. you might find that without that expense you wont realistically be able to pay for school (they expect you to get extra money - tuition is increased to absorb all federal funding - its not realistic to expect to pay for it on your own, the education market is subsidized by the government)

so yah your friends are right in the respect that there isn't a _lot_ for an attorney to prevail on. i mean its a couple hundred $ fine at worst and realistically no jail time.

however, that little bit of difference might mean the world of difference if you need assistance paying for college for example, or absolutely cant lose your driver's license (would cost you more to lose license than to pay for good attorney for example)

i am not a lawyer. this is not legal advise. i will not be held liable for use/misuse of this opinion.