juvenile mj poss

[bigt89313]

17 years old from Ohio.
i was recently given misd mj drug possession ticket under an 1/8 ounce. I will be 18 before the court date, will i be charged as a juvenile or adult?

My buddies and I were in my car smoking in a driveway when a cop pulled up because a car was parked on the side of the road. We got out of the car and walked towards the cop car and asked what was going on.

The officer smelled weed and searched my car, found the bag, and wrote me the ticket. He didn't arrest me nor did he have the car towed.

If I'm charged as a juvenile, what kind of consequences am i facing? The officer said i will lose my license but didn't say anything else. I was very cooperative and polite when the officer asked me my personal information.

I have been able to hold steady jobs since i was 15 and i maintained a 3.8 gpa my junior year. Will this have any effect on my sentence when the judge looks over my information?

Thanks for any replies,
Tyler

 

[bigt89313]

Now that i think about it..The cop pulled into the driveway, which was private property. I never went onto the street, I stayed inside the property. He was never called to the house but he still pulled into the driveway onto the property without permission. Does he have legal right to come onto private property like that? Maybe that means it was an illegal search and seizure. The cop took down my information, but he never had me sign anything...

 

[The Occultist]

Now that i think about it..The cop pulled into the driveway, which was private property. I never went onto the street, I stayed inside the property. He was never called to the house but he still pulled into the driveway onto the property without permission. Does he have legal right to come onto private property like that? Maybe that means it was an illegal search and seizure. The cop took down my information, but he never had me sign anything...

It depends on what he put into his report. If he articulated that he smelled marijuana in the area, and saw a couple of weirdos (that's you) lighting up in a car, odds are that gave probable cause to ask you what's up (regardless of private property). Remember, even on private property, a crime is a crime.

 

[bigt89313]

he didn't see us light up. we were done and got out of the car. he never said anything about seeing smoke but that he smelled it and told us to give it up.

 

[FlyingRon]

he didn't see us light up. we were done and got out of the car. he never said anything about seeing smoke but that he smelled it and told us to give it up.

Nothing improper here. He's allowed to do that even if he didn't in fact smell anything. In general a cop or anybody else isn't trespassing to come up and ring your doorbell.

 

[bigt89313]

alright well thanks for the "advice"

 

[waterblazinfb]

Yeah i know

This site fails to supply you with any advice, all it is is old crusty men criticizing people that actually live life & don't sit inside everyday and read the paper and drink coffee, check out this site : www.lawguru.com : it's much better, and your given REAL advice, and oh yeah **** the police!!

 

[tranquility]

Actually, the advice here is astonishingly good. I am constantly amazed at how difficult situations find simplicity from the answers. Of course, the way communication takes place is often...juvenile, but it is designed to give a message.

Here, the *legal* message is that the police have a right to go onto private property to investigate a crime, or can go on private property where the public has a right to go for any reason. A driveway, while private property, is generally a place we allow people. To deliver papers, to check the electric meter or for many things. If the driveway was behind a 6 foot tall solid fence where no one else is ever allowed, there may be a difference. But, even that would be fine if they actually perceived something causing them probable cause, or even reasonable suspicion to think a crime was taking place.

The fourth amendment does not allow unreasonble search and seizure. There is nothing unreasonable in what happened.

 

[bigt89313]

alright well thank you for your reply i appreciate that. i wasn't trying to be an ass with my posts, but what ever people can get like that.

 

[laurathelawyer]

This site fails to supply you with any advice, all it is is old crusty men criticizing people that actually live life & don't sit inside everyday and read the paper and drink coffee, check out this site : www.lawguru.com : it's much better, and your given REAL advice, and oh yeah **** the police!!

The problem with that site is that the lawyers are all trying to sell you there services. Their answers to everything seem to be "you need a lawyer, call me."

 

[laurathelawyer]

17 years old from Ohio.
i was recently given misd mj drug possession ticket under an 1/8 ounce. I will be 18 before the court date, will i be charged as a juvenile or adult?

The relevant age is your age when you committed the crime, not when you go to court.