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  1. #1
    Join Date
    May 2011
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    2

    Default Caught with Marijuana, Convicted of Ecstasy Possession

    My question involves criminal law for the state of: Oregon.

    Long story short, myself and three friends were caught by two officers after smoking weed. Voluntarily, I gave them my less than 1 oz. of marijuana (which is a misdemeanor in Oregon). I have met with the university's lawyer and we have identified some discrepancies on the citation they filed me. They are as followed:

    1. It states on the citation that i was in violation of ORS (Oregon Revised Statute) 475-874 which is the crime of possessing ecstasy. I was not in possession of ecstasy. The lawyer said that under this premise I could be released as long as the DA's office doesn't change it to the correct ORS 475-864. Is there anyway I could pursue innocence under this premise?

    2. On the ticket, the officer marked a box that says "No culpable mental state", meaning to him I was pretty much out. According to ORS 475-864 to be in consideration of possession of marijuana I have to have a knowing/intentional state of mind (defines possessing). Both of those options are boxes he could have marked on the ticket but didn't. Is it possible to pursue this premise as well? (Maybe better to pursue this one if the DA's office can lawfully change the information on the ticket to match the circumstances).

    Any help is wonderful. I'm just looking for some more advice until I meet with the university's lawyer again because she I also looking for some answers in the same areas.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Caught with Marijuana, Convicted of Ecstasy Possession

    What do you mean, "I could be released"? It sure doesn't sound like you're in jail. Do you mean that your lawyer intends to move for dismissal and hopes that the prosecutor won't either move to amend or file a new charge under the proper statute?

    Unless you're going to argue that the joint magically fell out of the sky and into your mouth, with your baggie similarly magically falling from the sky into your pocket, you had a culpable mental state when you bought it, carried it, and smoked it.

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