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  1. #1
    Join Date
    Dec 2009
    Posts
    1

    Unhappy Minor Misdemeanor Possession of Marijuana in Ohio

    My question involves criminal law for the state of: Ohio (Twinsburg)

    Over the weekend, I was smoking in my friend's car (she was driving but I had less than one gram of weed on me and my bowl) and the cops pulled us over for weaving on the road. They asked if any of us have been drinking that night and we said no and we also said no to any illegal drugs in the car at first. He took my friend (the driver) from the car and a minute later the police officer returned and asked us where the weed was. I told him I didn't know what he was talking about because I thought to myself: "what if this is how they trick you into admitting that you have weed?" but I eventually confessed to having weed in my pocket and i was sitting on the bowl. The officer searched me and pulled me away informing me that having the bowl was a more serious offense than having the weed. However, he told me that he was only going to charge me with the possession of the weed and not the bowl. He did say that if I try to fight the charge in court, he would use the bowl as evidence against me. He also told me that it was just a minor misdemeanor similar to a traffic ticket and it was waivable. I was the only one who got charged out of my three friends but I'll get over it, I should nto even wish such stressful situation should happen to others.

    Anyways, here is my problem. I receive financial aid (federal sub. loans, unsub loans, pell grant) from the government and according to the FAFSA website, a federal or state conviction disqualifies me from federal aid. ON my ticket, the only box that is checked is the Ordinance of Twinsburg violation and no ohio revised code was given. I am aware that the authorities can amend the ticket so that I would violate an ohio revised code. I cannot let that happen because then I would lose all of my financial aid for ONE stupid night. So what should I do? I talked to an attorney and he told me to plead not guilty because there is also a risk of losing my license.

    I have an almost clean record. I did get charged with an underage last november (I was just picking up a friend from a party but the cops busted in the doors like 3 minutes after I came in to find my friend) but was dismissed from the case with no penalties.

    Please help, I haven't been able to sleep the past few nights because I am extremely stressed about this.

  2. #2
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Minor Misdemeanor Possession of Marijuana in Ohio

    Quote Quoting Valoo2007
    View Post
    Anyways, here is my problem. I receive financial aid (federal sub. loans, unsub loans, pell grant) from the government and according to the FAFSA website, a federal or state conviction disqualifies me from federal aid. ON my ticket, the only box that is checked is the Ordinance of Twinsburg violation and no ohio revised code was given. I am aware that the authorities can amend the ticket so that I would violate an ohio revised code. I cannot let that happen because then I would lose all of my financial aid for ONE stupid night. So what should I do? I talked to an attorney and he told me to plead not guilty because there is also a risk of losing my license.
    Why would they ammend it to a RC section when the TB section is the same penalty? TB could have made it a higher classification, but they are inline with state law.

    Go down to 7 (D), it states a minor misdemeanor conviction under this chapter does not constitute a criminal record.

    (D) Arrest or conviction for a minor misdemeanor violation of this section does not constitute a criminal record and need not be reported by the person so arrested or convicted in response to any inquiries about the person’s criminal record, including any inquiries contained in any application for employment, license, or other right or privilege, or made in connection with the person’s appearance as a witness.


    http://codes.ohio.gov/orc/2925.11


    Even if they did amend it, and I see a problem with that, I don't see how a conviction under the ORC would matter anyway?

    I am assuming that includes a conviction that would fall under what you seek to avoid.

  3. #3
    Join Date
    Nov 2007
    Posts
    1,419

    Default Re: Minor Misdemeanor Possession of Marijuana in Ohio

    The cop right it's a minor charge but the penatly of no liscense and maybe it effect your aid make it more serious. Your should advise on what his game plan is,ask him a diversion would allow to keep your aid and liscense. The lawyer should be able to work something out,it's not a huge charge.

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