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Arrested but not yet charged - marijuana

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What is the name of your state (only U.S. law)? Ohio. My son, who is 19, was arrested last night and held overnight in jail. Because he is an adult, the police station is not releasing any information to me. One of the people I spoke with did tell me that he was arrested while walking to his car from where he was (someone's house) at around midnight. When I called I did so assuming he was stopped while driving. They would not tell me why he was stopped, but I was told about the fact that he was walking because I asked where the car he was driving was towed to (the car is in my name, so I told them that they did need to give me information on my vehicle.) That is when they told me that he wasn't driving. I can only assume he was stopped while walking because he looks young for 19 and perhaps they thought he was a minor. Really, I have no idea why else he would be stopped while walking. The guy he was visiting is the older brother of a friend of my son's. My son's friend told me that the brother told him that my son was carrying marijuana, at most 2 ounces or less. My son does smoke the stuff (much to my dismay) but even 2 ounces is a lot for him to have on him at one time. He does not sell it or anything like that, just smokes it. My understanding of the law is that anything under 100 grams is a misdemeanor, with no jail time. One of the people at the police station did have the arresting officer call me at around 3am, and he told me that while he couldn't give me much information, he did say that "it's not that bad, he's being held and will be questioned tomorrow (probably) morning, and at most he may get charged with a misdemeanor." It is now the next day at 2pm, and still nothing, no phone call from my son, nothing. How long can they hold him without charging him with something?
 
Last edited:


Silverplum

Senior Member
What is the name of your state (only U.S. law)? Ohio. My son, who is 19, was arrested last night and held overnight in jail. Because he is an adult, the police station is not releasing any information to me. One of the people I spoke with did tell me that he was arrested while walking to his car from where he was (someone's house) at around midnight. When I called I did so assuming he was stopped while driving. They would not tell me why he was stopped, but I was told about the fact that he was walking because I asked where the car he was driving was towed to (the car is in my name, so I told them that they did need to give me information on my vehicle.) That is when they told me that he wasn't driving. I can only assume he was stopped while walking because he looks young for 19 and perhaps they thought he was a minor. Really, I have no idea why else he would be stopped while walking. The guy he was visiting is the older brother of a friend of my son's. My son's friend told me that the brother told him that my son was carrying marijuana, at most 2 ounces or less. My son does smoke the stuff (much to my dismay) but even 2 ounces is a lot for him to have on him at one time. He does not sell it or anything like that, just smokes it. My understanding of the law is that anything under 100 grams is a misdemeanor, with no jail time. One of the people at the police station did have the arresting officer call me at around 3am, and he told me that while he couldn't give me much information, he did say that "it's not that bad, he's being held and will be questioned tomorrow (probably) morning, and at most he may get charged with a misdemeanor. It is now the next day at 2pm, and still nothing, no phone call from my son, nothing. How long can they hold him without charging him with something?
In most states, 72 hours. http://blogs.findlaw.com/blotter/2012/07/how-long-can-you-be-held-without-charges.html

You don't know any of the details, so speculating about them is quite useless.
 

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