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  1. #1
    Join Date
    Mar 2012
    Location
    Ohio
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    1

    Default Paraphernalia Charge, Possession of Marijuana Charge, Second Offense

    My question involves criminal law for the state of: Ohio

    Hi there, I recently found myself in a spot of trouble involving marijuana.
    I was arrested in December for possession of marijuana and two accounts of paraphernalia. I was in the process of going through the reversion program and I was charged again with possession of marijuana and paraphernalia, again.
    We were in a parking space (in my friend's roommate's car) on my college campus, not smoking. We had smoked earlier. We were simply waiting for a friend to get back, and didn't have anything out showing. Then, after about ten minutes of waiting in the car our friend returned. We were ready to leave and some campus police showed up. They came to our windows and asked what we were doing. They said we all looked suspicious sitting in a parking lot. So, they started asking us what kind of stuff we had with us and what was in a box next to my feet. It was my bong.
    I told them I had no clue what the box was because it was not my car. They wanted permission to search the car, so they called my friend's roommate and gave him the option to search the car himself.
    The police found a marijuana brownie, a small pipe, and my bong. We were taken to the station, questioned, and given our citations. I was charged with paraphernalia and possession of marijuana. I have court tomorrow at ten in the morning and I meet with a lawyer later on today. I had no idea of the brownie or other small pipe, is there a chance I can at least get those charges dropped, if nothing else?

    Please help me with some advice as soon as possible. I am very stressed and have no clue how to handle this. I'm not sure how I'll pay, or even how I can deal with these charges. I know it was stupid to have it, and I need to face that, but any help is much appreciated.
    Does it make any difference that the campus police stopped us just because we looked suspicious? Is that considered entrapment of any kind? We were just sitting in a car, waiting for our friend. We did not smoke in the parking lot, nor have anything out. I'm not sure if that falls under improbable cause.
    Please, fast advice is more than appreciated. Thank you.

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

    Default Re: Paraphernalia Charge, Possession of Marijuana Charge, Second Offense

    Quote Quoting ohgabe2011
    View Post
    I had no idea of the brownie or other small pipe, is there a chance I can at least get those charges dropped, if nothing else?
    That's something you will need to discuss with your lawyer. We only know what you've told us, and that's really not very much at all.
    Quote Quoting ohgabe2011
    Does it make any difference that the campus police stopped us just because we looked suspicious?
    You were loitering. The police, passing by, can reasonably inquire about your business on campus.
    Quote Quoting ohgabe2011
    Is that considered entrapment of any kind?
    Not even remotely.
    Quote Quoting ohgabe2011
    I'm not sure if that falls under improbable cause.
    Apparently when they asked to search the car you said "no, it's not mine", so they had the owner come out (?) and consent to the search, or search the car himself in front of them? Your narrative is anything but clear. They don't need probable cause to search a vehicle when they have valid consent.

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