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  1. #1
    Join Date
    Dec 2012
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    1

    Default Minor Caught With Drug Paraphernalia

    My question involves criminal law for the state of: possession of drug paraphernalia.

    Hello I'm a 17 year old male in Ohio. The other day I got caught at a supermarket smelling like weed. The officer searched us and we didn't have any on us. Then he searched my friends car and found paraphernalia. He came back and asked who's it was and I admitted that it was mine. So he charged me and my friend for possession of drug paraphernalia. He charged my friend for having it in his possession and he charged me for it being mine. I completely understood and didn't argue. A couple days later it was brought to my attention that I shouldn't of been charged. Just because I wasn't caught with it in my possession. I don't know the rules and I am seeking for help. I have changed my life around and stopped smoking. But I still don't want to be charged if I don't need to. This happened a week ago and I am searching for answers. Thank you

  2. #2
    Join Date
    Sep 2005
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    Default Re: Minor Caught With Drug Paraphernalia

    Quote Quoting Ohio937
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    My question involves criminal law for the state of: possession of drug paraphernalia.
    I've heard it called "The Buckeye State", but that's a new one.
    Quote Quoting Ohio937
    A couple days later it was brought to my attention that I shouldn't of been charged. Just because I wasn't caught with it in my possession.
    The person who was talking, assuming there's a difference... was it one of your stoner friends or was it the village idiot?

    What makes you imagine that when the police find drug paraphernalia and you say "That's mine", you can't be charged with the crime you confessed to committing?

    You should discuss the full facts with your lawyer in case there are potential search and seizure issues, but you most certainly can be charged with possession of your drugs or paraphernalia even if they're not found in your pocket.
    Quote Quoting Ohio937
    But I still don't want to be charged if I don't need to.
    You told us that you have already been charged. So what you're presumably looking for is a way to avoid being convicted.

    For a first offense simple possession of marijuana or parapharnalia, it looks like your state permits participation in a deferral program. Assuming your lawyer finds no Fourth Amendment issues worth pursuing, it would be sensible to determine what programs are available in your county and whether you qualify. The successful completion of deferral allows you to avoid a criminal conviction.

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