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  1. #1

    Default Third Degree Trespassing and Drug Paraphernalia

    My question involves criminal law for the state of: Ohio
    Hello,
    I was charged tonight with 3rd Degree Criminal Trespassing and Paraphernalia. Myself and two friends were sitting in the parking lot of a local golf shooting range. I was in the driver seat, one friend in the passenger seat, the other in the back driver side seat. All of us were smoking marijuana. One of my buddies had a pipe and I had a pipe. The police pulled in and asked us all for I.D. and did the usual police work. The officer then came back to the vehicle and asked if any of us had anything illegal on us. We all stupidly answered no. The officer then asked if we consented to a search, I told them no. They (another police officer had shown up at this point,) then told us that they had some police dogs on duty that they were going to bring out if I didn't consent. I still did not consent. They then walked away, discussed something, came back and told us that if we didn't consent to a search that we would be charged with criminal trespassing and my car would be towed. We were also repeatedly told that a charge of possession is a lot less then a charge of CT. I, still stupidly, did not come clean and said I would take the charge of criminal trespassing. In the end, I was handcuffed and walked to the back of an officers car while they searched and my life came crashing down. I do have more than half of this on video. I like to record my encounters with police because you never know now in days. I was charged with paraphernalia when they found my pipe and my friend in the backseat was charged with paraphernalia and possession. Then all three of us got charged with criminal trespassing although my friend sitting in the passenger seat did nothing wrong. My question is, can my friend get out of this? He really did nothing wrong and is being charged. And was I criminally trespassing in the 3rd? This did occur around midnight and none of us have any criminal records. I'm not really worried about the Paraphernalia charge. After all, that pipe was mine. Haha Thank you to anyone who responds!

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: 3rd Degree Trespassing and Paraphernalia

    Apparently you still find this amusing. Seek a lawyer fast.

  3. #3

    Default Re: Third Degree Trespassing and Drug Paraphernalia

    The only part I find amusing is that Marijuana is illegal in the United States. I don't necessarily think I need a lawyer. Paraphernalia charge is just a fine. I just feel like the criminal trespassing is a bit extreme considering the officer couldn't prove we were being unlawful until he cuffed us and searched my car. We were also never told to leave by the owner and there were no signs posted. I suppose it is warranted even if a little harsh. We should a just came clean in the beginning. Thanks for such a helpful reply Disagreeable...

  4. #4
    Join Date
    Jun 2013
    Posts
    551

    Default Re: Third Degree Trespassing and Drug Paraphernalia

    You need a lawyer, or need to plead not guilty and get a public defender if you can not afford one. I agree, the criminal trespass charge may have been harsh, it is a safe bet the cop didn't like your attitude, and that cost you. If there are truly no signs, and you were never told to leave then the trespassing charge will be tough to make stick. However this isn't a DIY project, if you are found guilty it is a criminal charge, and you will be stuck disclosing it to employers for a long time.

    As for the Paraphernalia charge, it is a minor misdemeanor, which is not as serious as in other states, but keep in mind that in addition to the fine your license will also have your license suspended for a minimum of 6 moths, up to 5 years.

    Getting a lawyer is in your best interest.

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