im 17 and have gotten charged with possession of marijuana..

[john_phillips]

alright. i live in Ohio. and i have gotten charged with possession of marijuana, the bag was not in my possession. it was in the car handle of the passenger door of which i was sitting in and there were specks of weed on my shirt.. but yet the cop charged me. i was wondering if he can even charge me with such crime. .. and what the consequences are for a minor to have possession of marijuana in ohio.


any feed back would be greatly appreciated.. thanksWhat is the name of your state (only U.S. law)?

 

[HighwayMan]

The bag could be considered to be in your possession and the charge against you is certainly appropriate.

While I don't know for sure about Ohio, in most jurisdictions I know of you are not considered a minor and are charged as an adult in cases like this.

 

[john_phillips]

yes the charge was certainly right. i agree. but what i am worried about is weather i would be charged as an adult.. or a minor... in my own opinion i want to be charged as an adult... because in Ohio the laws on marijuana are VERY lenient, very the site ( Ohio - NORML ) it will explain.its only a fine,a 100$ fine and if i was a minor. i would have to go through a counseling of some kind and probation you know the whole 9 yards...


thanks for the reply man.

 

[HighwayMan]

if i was a minor. i would have to go through a counseling of some kind and probation you know the whole 9 yards...

Yeah, I guess that would pretty much be tragic.

 

[john_phillips]

well i just dont want to go through all that hassle. i mean paying the 100$ dollar fine should be alright, for getting in trouble for something that wasn't mine.

 

[HighwayMan]

So what was with the "specks of weed" on your shirt? I guess they just flew onto your shirt from the door handle?

 

[Dillon]

alright. i live in Ohio. and i have gotten charged with possession of marijuana, the bag was not in my possession. it was in the car handle of the passenger door of which i was sitting in and there were specks of weed on my shirt.. but yet the cop charged me. i was wondering if he can even charge me with such crime. .. and what the consequences are for a minor to have possession of marijuana in ohio.


any feed back would be greatly appreciated.. thanksWhat is the name of your state (only U.S. law)?

the law states no possession = no crime

if i were you i would stick to my testimony. (first hand personal knowledge of the facts)

I would like to see the officer prove its your stuff.

 

[CdwJava]

The state does NOT have to prove ownership, only dominion and control. If it was in a place where the suspect could have exercised control over it,then you have potential possession. Then, you have to determine whether it was identifiable as contraband. Depending on what was said by the suspect and others in the car, the state may have an easy win. Or, they may have difficulty proving it ... it all depends on the totality of the facts and circumstances.

If the driver states that the stuff was not in the door handle when the OP got in to the car, that's damaging.

 

[Dillon]

The state does NOT have to prove ownership, only dominion and control. If it was in a place where the suspect could have exercised control over it,then you have potential possession. Then, you have to determine whether it was identifiable as contraband. Depending on what was said by the suspect and others in the car, the state may have an easy win. Or, they may have difficulty proving it ... it all depends on the totality of the facts and circumstances.


If the driver states that the stuff was not in the door handle when the OP got in to the car, that's damaging.

doesnt the driver exercise dominion and control over his property?
doesnt the state have the burden to prove a crime was commited.

if the pot was really in the quest's dominion and control, could the state really have taken the pot?
i would not admit to being a passanger. (not in commerce or traffic either)

potential possession in not actual possesson, correct?

do you mean actual or derivative possesson?

(his first hand knowlegde of the facts) = best evidence

is the driver or officer lying? who do i believe? do officers ever lie to suspects?

 

[CdwJava]

If they can show that the driver knew or reasonably should have known about the presence of the drugs, he, too,could be charged. But, if he did not know, he could not exercise dominion and control over the substance. Remember, it is about knowledge AND dominion and control.

if I get in to your car with a load of dope in my pocket and then slip into the door handle when I see the red and blue lights from behind our car, you are not in possession because you were not aware of it and had no dominion and control.

If the state can make a reasonable case they will take it to trial. If it is weak, the DA more than likely will not. But, many people are going to plead because the potential time for a conviction is not worth the risk.if the OP did not know about the dope, he should not plead. The state will have to make its case.

 

[Ohiogal]

well i just dont want to go through all that hassle. i mean paying the 100$ dollar fine should be alright, for getting in trouble for something that wasn't mine.

You are a minor.

 

[Ohiogal]

the law states no possession = no crime

if i were you i would stick to my testimony. (first hand personal knowledge of the facts)

I would like to see the officer prove its your stuff.

Too bad you are incorrect. He was in possession of the marijuana based on the proximity to him as well as the "flecks" on his shirt. His testimony he stated here is enough to hang him.

 

[john_phillips]

for everyone.



the marijuana was not mine. it was the drivers, she knew it was there. she let me take the blame because it was next to me, and for the specks of weed, they cannot prove that it was weed, the officer did not take it for sampling. he just assumed.

....more to the story. there was a bowl involved. it was under the passenger seat. far enough back to where it was closer to the back passenger than me the front passenger., but the officer did not charge anyone for the bowl?
the bowl was the same distance away from the fellow friend, than the pot was to me,

and my 18th birthday is 5 months away not including this month.

thanks every one for the answers and replies

 

[john_phillips]

doesnt the driver exercise dominion and control over his property?
doesnt the state have the burden to prove a crime was commited.

if the pot was really in the quest's dominion and control, could the state really have taken the pot?
i would not admit to being a passanger. (not in commerce or traffic either)

potential possession in not actual possesson, correct?

do you mean actual or derivative possesson?

(his first hand knowlegde of the facts) = best evidence

is the driver or officer lying? who do i believe? do officers ever lie to suspects?

yes she lied. she knew it was there

 

[CdwJava]

the marijuana was not mine. it was the drivers, she knew it was there. she let me take the blame because it was next to me, and for the specks of weed, they cannot prove that it was weed, the officer did not take it for sampling. he just assumed.

Possession is a crime of dominion and control and NOT ownership. The question that will be asked is whether it was reasonable for you to have known the substance was there, and did you have the ability to exercise control over it. Clearly you had dominion and control. The question the state has to answer is whether or not you knew or reasonably should have known it was contraband. I suspect that they might be able to make that case by its location. Especially if the car wreaked of weed.

....more to the story. there was a bowl involved. it was under the passenger seat. far enough back to where it was closer to the back passenger than me the front passenger., but the officer did not charge anyone for the bowl?
the bowl was the same distance away from the fellow friend, than the pot was to me,

Could be they felt it was too vague to establish possession ... or, as in my state, possession of the pipe is no a crime unless it has a usable amount inside of it.

It sounds like your defense will be to dime off the driver. But, if you knew the substance was there, you can go down for it any way. So, you can take your driver friend with you, or suck t up yourself. Now, if you truly did not know it was there (and how odd would THAT be that a driver would stash his dope in the passenger side door before he gets in) then you should consider throwing the driver under the bus like he did for you.