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  1. #1

    Default Possession of Marijuana in a Car

    My husband and I were sitting on our property in our car.. (in Southeastern Ohio) (actually, the car is in my dads name) when an officer walked up, thinking that we were someone that they have been in pursuit of, trying to steal the car.. He asked us what we were doing, and we told him that we were just sitting there.. He took my husbands license to look at it.. handed it back and apologized for bothering us.. He returned about 5 minutes later with another cop "that had seen the guy they were looking for".... The first time, we saw the cop approaching the car, the second time, we did not and did not have time to hide our marijuana and bowl.. He found the bag of weed sitting on the floorboard (my hubby missed when trying to throw it UNDER the seat)... They charged both of us with misdemeanor possession of marijuana.. and possession of paraphernalia.. My questions are:

    1. What kind of fines/punishment are we looking at receiving (this is a first offense for both of us.. neither have been arrested or had drug charges prior to this)....

    2. The keys were at a neighbors house... But on my husbands ticket, it specifically says that it was possession in a motor vehicle.. Is there a difference between mine and his??? Mine does not say this...

    3. Did the officer have a right to return to our property after looking at my husbands license, and obviously deciding that my husband was who he said he was... (the first time he approached the car, we had not smoked.. the second time we had hit the bowl one time a piece)


    We have to go to court on November 6th, so if anyone could help before then, please, please, please do..

  2. #2
    Join Date
    Sep 2005
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    Default Re: Possession of Marijuana in a Car

    You were in a motor vehicle. You had possession of marijuana. That would be possession in a motor vehicle. Presumably your husband was charged with that offense because he was in the driver's seat.

    The return was apparently so that the officer who was familiar with the suspect could confirm that your husband was not the suspect. From what you say, the marijuana was in plain view when they returned.

    Consult a local lawyer about first offender programs, assuming this is your first offense.

  3. #3

    Default Re: Possession of Marijuana in a Car

    Actually, I was sitting in the drivers seat.. and yes, it was in plain view.. I'm just not familiar with the laws surrounding search and seizure, and also the laws surrounding possession.. From what we have been told by others that have been charged with possession and paraphernalia, they seem to think that they will drop my charges if he takes the blame (which he plans on doing) and then drop his paraphernalia.. Does that sound likely? Also, we were told that if we plead no contest, and requested a court appointed lawyer, that the chances of the charges being dropped were good.. Does that sound realistic to believe??

  4. #4
    Join Date
    Sep 2005
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    98,846

    Default Re: Possession of Marijuana in a Car

    I'm not going to guess at what plea deals may be offered, but I will tell you this: If you plead "no contest" and the court accepts the plea, you will be convicted and sentenced. A "no contest" plea is treated in the same manner as a guilty plea.

  5. #5
    Join Date
    Oct 2007
    Posts
    3

    Default Re: Possession of Marijuana in a Car

    I was caught in my car with marijuana as well in a parking lot by a Fitness Center just sitting there talking with a friend, then a cop pulled up. First of all if its your property (Your House) and the cop pulled up and asked question's he actually had no business on being nosey since its your property. And After you answered his question he should of had left. As from what i hear a Cop cannot just step foot onto somesone's property just cause there Cops without a certain probable Cause. Heh now pleading no contest was gonna be my decission and this is without a lawyer when i went to court. I had no shot of a lawyer, my neighbor can only do cases in 1 city area and not serveral. I got lucky and it was called off from not enough evidence. I had happen to found my ticket on the internet and it said I had 20 grams or less of Marijuana and Drug Paraphernelia and not .5 grams with Drug Paraphernelia so you better look into that and make sure there not putting false information on the ticket. Statute Description CANNABIS/20 GRAMS OR LESS POSS/DRUG PARAPHERNALIA .....Status CLOS They make it sound real bad. They could of had putten 1 gram of less

  6. #6

    Default Re: Possession of Marijuana in a Car

    Thanks for the help!

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