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  1. #1
    Join Date
    Sep 2012
    Location
    Mason, Ohio, United States
    Posts
    5

    Default Possession of Marijuana and Paraphernalia

    My question involves criminal law for the state of: OHIO

    Already had one possession charge in the past with the same court and I'm not a citizen of the USA, which makes me deportable for having a 2nd offense of possesion.

    So i was on my way to work and was pulled over my state trooper and he came up to the window and said it smelled like weed and needed to search the car, i let him and he found Marijuana and glass pipe in the car. I'm in a very bad situation right now because if i get convicted i will defiantly get deported of get arrested by ICE. I already lost the motion of suppress and my court date is on 27th. I came home from my attorneys office and he's telling me that on Thursday its gonna be a plea deal or something, basically the court is willing to drop Paraphernalia and hit me with possession. I'm not trying to have any of the charges since they both are deportable for me. I'm feeling very nervous for this thursday.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Possession of Marijuana and Paraphernalia

    I'm not trying to have any of the charges since they both are deportable for me.
    Don't ya think you should have thought of that before you started carrying around drugs? You knew what getting arrested might cause. You brought this on yourself.

  3. #3
    Join Date
    Sep 2012
    Location
    Mason, Ohio, United States
    Posts
    5

    Default Re: Possession of Marijuana and Paraphernalia

    shit happens, not like i left house telling myself, lets go get arrested today, i was asking for advice man, not you giving me life lesson. I know what i did is wrong.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Possession of Marijuana and Paraphernalia

    Advice... such as, "Be sure to keep a toothbrush handy"? We don't do much hand holding here, and it's not as if you gave us facts that point to a way out for you.

    You chose to commit a crime and knew what could happen if you were caught. That didn't just happen - you did it to yourself.

    If you have a legal question, please ask it.

  5. #5
    Join Date
    Sep 2012
    Location
    Mason, Ohio, United States
    Posts
    5

    Default Re: Possession of Marijuana and Paraphernalia

    ok, should i take the plea, which is just the poss charge and they will drop the para. or should i go on trial? jury trial.
    My attorney is telling me to just take the plea because there is a chance i could lose the trial and then ill be stuck with both charges.

  6. #6
    Join Date
    Jan 2012
    Location
    Tacoma, WA
    Posts
    1,534

    Default Re: Possession of Marijuana and Paraphernalia

    Well, since your attorney has access to all the evidence against you, is familiar with the court in which you are being adjudicated, and the other factors in your case, I would be inclined to give weight to his advice. If you really question whether your attorney is giving you the best advice, I would suggest you get a second opinion from another local criminal attorney rather than grasping at straws from amateur internet posters who don't even have all the relevant information in your case. As for this amateur poster, it sounds to me like the state has a pretty strong case against you and your attorney's advice is sound...take the deal.

  7. #7
    Join Date
    Jan 2011
    Location
    Indianapolis, Indiana
    Posts
    346

    Default Re: Possession of Marijuana and Paraphernalia

    What's your priority here? Is it being deported? If so, then tell your lawyer and discuss taking it to trial since it sounds like you're facing deportation with any conviction whether it be by plea or trial.

  8. #8
    Join Date
    Sep 2012
    Location
    Mason, Ohio, United States
    Posts
    5

    Default Re: Possession of Marijuana and Paraphernalia

    thats right, im worried about being deported since 2nd offense of possession is deportable and the state does have a strong case against, im thinking about just going to jury trial and hope the cop doesn't show up or something.

  9. #9
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Possession of Marijuana and Paraphernalia

    Then why are you trying to second-guess your attorney?

  10. #10
    Join Date
    Sep 2012
    Location
    Mason, Ohio, United States
    Posts
    5

    Default Re: Possession of Marijuana and Paraphernalia

    Because It feels like im going down both ways, even if i take the plea or go on trial.

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