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  1. #1
    Join Date
    Dec 2009
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    Default Possession of Paraphernelia and Marijuana in Ohio

    My question involves criminal law for the state of: Ohio

    This is my first offense on my record. I was charged with Possession of Paraphernelia and marijauna (less than 4 grams). It was in my girlfriend's car, underneath my seat though, so they blamed it all on me , of course. The cop was rather polite, offering advice. He put me on bail bond, but I have a couple questions.

    First off, I have two papers for the different charges. For the possession of marijuana, I am being charged $800. For the possession of paraphernelia, I am being charged $1,500. Can they really charge me this much??

    I am going to court Wednesday, and was also wondering if it is worth my time getting a lawyer. From what I understand, he told me I won't get probation, my license will be suspended for 60 days , and the fines, are the only consequence I will receive as punishment. I'm wondering if there's a point in trying to get one of these charges dropped, like in a plea bargain or something, but Im afraid of probation coming up from that. If anyone can offer some advice or their own experience I'd appreciate it. Thanks.

  2. #2
    Join Date
    Aug 2007
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    3,835

    Default Re: Possession of Paraphernelia and Marijuana in Ohio

    What are the state statute #'s or Municipal ordinance #'s? The amounts seem not legal?

  3. #3
    Join Date
    Dec 2009
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    7

    Default Re: Possession of Paraphernelia and Marijuana in Ohio

    Marijuana is decriminalized in Ohio and is only a minor misdemeanor for possession of under <100 grams. And its a $100 ticket. Now the paraphernalia charge is the worse one. Its a misdemeanor with a fine of $750. The total should be $850, but we need more info. Something is amiss...

  4. #4
    Join Date
    Aug 2007
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    3,835

    Default Re: Possession of Paraphernelia and Marijuana in Ohio

    Quote Quoting compaqo
    View Post
    Marijuana is decriminalized in Ohio and is only a minor misdemeanor for possession of under <100 grams. And its a $100 ticket. Now the paraphernalia charge is the worse one. Its a misdemeanor with a fine of $750. The total should be $850, but we need more info. Something is amiss...
    The state has DEcriminalized it up to whatever amount, that does not mean the individual municipality has done so. If it is chargeable under state law under 100 grams or whatever, I did not look, it is a Minor Misdemeanor, and punishable by up to $150.00 fine plus costs.


    A Municipality can make posession of any amount from an MM up to and including a Misdemeanor of the 1st degree.


    Oh, what is your source that a paraphernalia charge is up to 750?

  5. #5
    Join Date
    Dec 2009
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    2

    Default Re: Possession of Paraphernelia and Marijuana in Ohio

    The officer told me the possession was a minor misdemeanor. The papers I have say it is a bail bond at the top. I was told that i could only pay 10% of this if I get a public defender or something. Not sure what to do, I don't know why I was put on bail bond if its only a $100 ticket for the possession, I'd rather do that then pay $800 for a bail bond...The papers say this..

    "Revised code: 2925.11(A)(C)(3)(9). We do hereby acknowledge ourselves to owe and stand indebted in the sum of $800.....If the default is made in the conditions following, to wit; that (name here) shall personally be and appear before the State of Ohio at the Hall of Justice. At any adjournment or continuance thereof of such appearence, then and there to answer to a charge of Possession of Drugs 2925.11(A)(C)(3)(9)"

    The revised code for the paraphernelia is 2925.14(A-12).

    They both say UA BOND NO CASH RECEIVED at the bottom.

    Thanks for your replies..Im really new to this stuff, so I appreciare this.

  6. #6
    Join Date
    Aug 2007
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    3,835

    Default Re: Possession of Paraphernelia and Marijuana in Ohio

    In 2925.11(A)(C)(3)(9), I don't see a 9, you must mean AC3 (a).

    I don't know why the reference to 800 $, unless it is some type of surety/appearance bond. If you don't appear, then they tack on 8 C notes.

    I have never heard of that before. You are NOT entitled to a Public defender for a MM. The paraphernalia charge appears to be an M-4, then you are entitled to a jury trial and a PD IF indigent.

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