• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

heroin Raid in Ohio... Permitting drug abuse charge

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

JoeBo11

Junior Member
i was sitting in my room when the central ohio task force busted through my door in full swat gear, i got flash banged.. and while i was detained my house got searched... apparently they were looking for heroin.. all they found was 4 bongs a straw and a grinder... while i was detained the dectives took me to jail for permitting drug abuse... the grounds of that was that they found that straw.. my suspected roommates at the time (which was 3 people and their kid staying with me at the time cause they were homeless) sold the drug heroin to a CI (confidential informant).. i did not have any clue they were doing what they were doing but i stil got charged with felony 5 permitting drug abuse.. this is my first time getting in trouble besides a schoolyard fight when i just turned 18 and i got put on diversion program to expunge my record. my question is.. what is the sentence im looking at if i get a lawyer and try to fight this? or what is the most i can get it dropped too?
 


swalsh411

Senior Member
First of all, whatever you do, do not speak to the police under any circumstances with an attorney present. I cannot emphasize this enough. Do not answer any police questions. No exceptions.

Have you actually been indicted for this or is this something the police told you might happen?
 
First of all, whatever you do, do not speak to the police under any circumstances with an attorney present. I cannot emphasize this enough. Do not answer any police questions. No exceptions.

Have you actually been indicted for this or is this something the police told you might happen?
I think that you meant to say "do not speak to the police under any circumstances without an attorney present.
 

swalsh411

Senior Member
Probably "with" an attorney present is also good advice. Let the attorney do the talking. You never get in more trouble by not talking.
 

JoeBo11

Junior Member
i have not talked the the police at all, they had me detained and one det. said to the other "theres gotta be something we can get this guy for" and the other det. said "we can get him for permitting" so they took me to jail and indicted me..... i am getting an attourney but i just wanna know what im lookin at here cause honestly im scared ****less... i never even seen heroin before :( i never even broke the law before... besides a school yard fight when i was 18 in which they put me on the diversion program... everyones makin me out to be some kind of monster
 

CdwJava

Senior Member
You had marijuana in the home. People were using marijuana in the home where a minor was present. With that many bongs, clearly you were aware of the marijuana use.

A check of the ORC finds that possession of marijuana with minors around can be a felony offense:

http://codes.ohio.gov/orc/2925

As a felony drug offense was being committed in the home, you appear to be guilty of yet another ORC:

http://codes.ohio.gov/orc/2925.13

This is the inherent problem with using drugs ... the people around you use drugs, and many people who USE drugs will also SELL or give away drugs to support their habit or be sociable.

Time to get that attorney. And, time to get new roommates.
 

JoeBo11

Junior Member
You had marijuana in the home. People were using marijuana in the home where a minor was present. With that many bongs, clearly you were aware of the marijuana use.

A check of the ORC finds that possession of marijuana with minors around can be a felony offense:

http://codes.ohio.gov/orc/2925

As a felony drug offense was being committed in the home, you appear to be guilty of yet another ORC:

http://codes.ohio.gov/orc/2925.13

This is the inherent problem with using drugs ... the people around you use drugs, and many people who USE drugs will also SELL or give away drugs to support their habit or be sociable.

Time to get that attorney. And, time to get new roommates.

they did not find any marijuana ... just the pipes... and the mother is being charged wit the minor present not me cause it wasnt my child ... i had no idea what they were doing.. i work nights and stay in my room when im home...i was just letting them stay for a few weeks til they could get their own place... apparently that is long enough to get raided... again they found NO DRUGS... NONNNNE
 

JoeBo11

Junior Member
ANND they set off flash bang grenades in the house knowing there was a chiild under 10 yrs old in the house
 

CdwJava

Senior Member
they did not find any marijuana ... just the pipes... and the mother is being charged wit the minor present not me cause it wasnt my child ... i had no idea what they were doing.. i work nights and stay in my room when im home...i was just letting them stay for a few weeks til they could get their own place... apparently that is long enough to get raided... again they found NO DRUGS... NONNNNE
Clearly drugs were being used there. And if you try and claim you could not smell marijuana ... well ... you'll get laughed out of court. But, it is unlikely your attorney will ever let you take the stand to testify, so you'll probably never have to make that claim.

An attorney can tell you what the real implications of this are. he or she can get a copy of the relevant police reports and evaluate the strength of the case against you. It may well be that they will seek to use this as leverage to get you to flip on your friends.

As for the flash-bang, apparently the police also believed that the people inside might be armed and dangerous ... the 10 year old is not likely to be permanently harmed from the device. But, had their been suspects inside intent on resisting, he very well could have been as bullets are indiscriminate and would have been coming from both directions in such an event.
 

Ohiogal

Queen Bee
i have not talked the the police at all, they had me detained and one det. said to the other "theres gotta be something we can get this guy for" and the other det. said "we can get him for permitting" so they took me to jail and indicted me..... i am getting an attourney but i just wanna know what im lookin at here cause honestly im scared ****less... i never even seen heroin before :( i never even broke the law before... besides a school yard fight when i was 18 in which they put me on the diversion program... everyones makin me out to be some kind of monster
Under the new sentencing guidelines you should be looking ONLY at probation with your history. However you may also qualify for a diversion program (treatment in lieu of conviction). If you qualify and successfully complete that then you will have no felony record.
 

JoeBo11

Junior Member
well thanks all... now time for me to sit back and wait for that cop with a peice of paper for me to sign... hopefully i dont have to go back to that horrible place they call "jail" lol
 

Ohiogal

Queen Bee
Have your attorney find out on what grounds they got a search warrant and file a motion to suppress. Bongs themselves are NOT illegal in Ohio. They are only illegal IF they are used to actually smoke.
If they used a confidential informant, ask your attorney to look into finding out who the confidential informant is and what the background of knowledge of the CI is.
 

JoeBo11

Junior Member
all charges got dropped and i didnt even have to go to court.... ohhhh yeah:cool:.... now i wanna know if i can sue the news for showin my face and my full adress and my house on tv... and in the news paper....
 

sandyclaus

Senior Member
all charges got dropped and i didnt even have to go to court.... ohhhh yeah:cool:.... now i wanna know if i can sue the news for showin my face and my full adress and my house on tv... and in the news paper....
Oh, puleeze.

Count your lucky stars there were no charges and move on. Don't try to squeeze a few bucks out of the news crews. It was a valid story.
 

CdwJava

Senior Member
all charges got dropped and i didnt even have to go to court.... ohhhh yeah:cool:.... now i wanna know if i can sue the news for showin my face and my full adress and my house on tv... and in the news paper....
Since an arrest is public record, what would you sue them for? For telling the truth that you were arrested and what the charges were?

You are lucky not to be charged. Don't give the authorities an excuse to go back and examine the situation some more.

Maybe you can sue the roommates (I hope they are EX roommates) for what THEY put you through!
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top