First Time Paraphernalia

[AustinM]

My question involves criminal law for the state of: Ohio

I was riding my bike at night for exercise and I got pulled over. I had a small tobacco pipe with very little marijuana in it in my backpack. By "very little," I mean the size of a cashew. I read that the maximum fine is $750 and up to 30 days in jail but I highly doubt that I will get that punishment. What is the minimum fine for this offense, if any?

Also, should I ask for a public attorney since I cannot afford a private attorney? And since I wasn't driving, will my license still get suspended for 6 months?

I'll appreciate any advice. Thanks.

[LawResearcherMissy]

It's always a good idea to take an attorney to court with you - be it private counsel of Public Defender.

We can't estimate how much your fine will be, as that is at the court's discretion. I wouldn't expect it to be much, though. If you're convicted, your license will be suspended, regardless of whether or not you were driving.

[Mr. Knowitall]

You're charged with violating ORC 2925.11(C)(3) for possession, ORC 2925.140 for paraphernalia, or both? For paraphernalia, read this.

[BOR]

I read that the maximum fine is $750 and up to 30 days in jail but I highly doubt that I will get that punishment.

What is the cite of the violation? State or local law?

What is the minimum fine for this offense, if any?

Minimum, ZERO!

Maximum? When you cite the law violated, we will know. If it is a Municipal Ordinance, post it.

Some laws, yes, have a mandatory minimum penalty upon conviction, but this is not one??

[AustinM]

I did not receive documentation stating the charge. The officer told me that something would be sent in the mail to my house. I'm pretty sure I was only charged with violating ORC 2925.140.

I do not want my license to be suspended, though. Will a public defender be able get the charge dismissed? If not, will the public defender be able to limit the punishment so that my license doesn't get suspended?

Thank you for all of your advice.

[LawResearcherMissy]

Will a public defender be able get the charge dismissed? If not, will the public defender be able to limit the punishment so that my license doesn't get suspended?

Maybe, on both counts. Again, it's the court's discretion. Your counsel can certainly try - and counsel is often successful - but there are no guarantees.

[THEAMAZINGCHAN]

I'm sure its been covered but ..

they suspend your driving privileges if your not driving?

how did this get approved?

what if they start taking away your license for merely drinking at a restaurant and not driving? ....i mean wow...if thats allowed we can take it anywhere ...

PS sorry to hijack the thread

[BOR]

I did not receive documentation stating the charge. The officer told me that something would be sent in the mail to my house. I'm pretty sure I was only charged with violating ORC 2925.140.

I do not want my license to be suspended, though. Will a public defender be able get the charge dismissed? If not, will the public defender be able to limit the punishment so that my license doesn't get suspended?

Thank you for all of your advice.

Part of .140:

In addition to any other sanction imposed upon an offender for a violation of this section, the court shall suspend for not less than six months or more than five years the offender’s driver’s or commercial driver’s license or permit.

I don't believe SHALL is an opitional term as can/may. You are entitled to a PD if you are indigent, as the charges are M-4's and above, so possible jail time is codified.

In order to beat the suspension rap, some type of plea to a lesser offense needs to be negotiated, this is for your attorney to decide. IF the license supsension is a huge issue, it is best to hire a private attorney up front, discuss the matter, and tell him or her exactly what your concern is.

I'm sure its been covered but ..

they suspend your driving privileges if your not driving?

how did this get approved?

what if they start taking away your license for merely drinking at a restaurant and not driving? ....i mean wow...if thats allowed we can take it anywhere ...

PS sorry to hijack the thread

This is one crime, the OP's, the law adds special penalties too. In Ohio, also, if you don't pay for gas you pump, it is not only theft, you can have your DL suspended also.