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Ohio-First Time Possession Charge

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rthinman

Junior Member
Hi there, I recently was caught with an eighth of Marijuana in my car. I called an attorney who informed me that in my county court of Kent, Ohio, that I would more then likely be offered a diversion program since it was under 100g, with no prior charges of any kind aside from some speeding. I was sober and there was no sign of paraphernalia to smoke it with.

On the day of my hearing, I asked the judge if he would consider the program for me and he told me that only the prosecutor could and I'd have to plead not guilty in order to have the opportunity to speak to the prosecutor about it. I plead not guilty, waived my right to a speedy trial and got my date for a little under a month from now.

My question is: Is there a strong chance he will offer me this program? What should I expect going into it? Do I need to hire an attorney (which would be very hard for me as I have 30,000 dollars in student debt, along with only serving tables right now)? If I should get an attorney, can the court appoint one of have i missed my chance/Is it unlikely in this small crime since there is no jail time involved?

This was just a minor misdemeanor and I was told it could be sealed from my record if I offer and complete this program.

Thank you so much.
 
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Ohiogal

Queen Bee
Hi there, I recently was caught with an eighth of Marijuana in my car. I called an attorney who informed me that in my county court of Kent, Ohio, that I would more then likely be offered a diversion program since it was under 100g, with no prior charges of any kind aside from some speeding. I was sober and there was no sign of paraphernalia to smoke it with.

On the day of my hearing, I asked the judge if he would consider the program for me and he told me that only the prosecutor could and I'd have to plead not guilty in order to have the opportunity to speak to the prosecutor about it. I plead not guilty, waived my right to a speedy trial and got my date for a little under a month from now.

My question is: Is there a strong chance he will offer me this program? What should I expect going into it? Do I need to hire an attorney (which would be very hard for me as I have 30,000 dollars in student debt, along with only serving tables right now)? If I should get an attorney, can the court appoint one of have i missed my chance/Is it unlikely in this small crime since there is no jail time involved?

This was just a minor misdemeanor and I was told it could be sealed from my record if I offer and complete this program.

Thank you so much.
You need to ask to be put in the program. You appear to meet the qualifications that the prosecutor seeks. You were in front of Judge Fankhauser?
 

Just Blue

Senior Member
I find it kinda curious that people with illegal drugs in their car always break the traffic laws. :rolleyes:

Talk to your attorney. Not an INTERNET FORUM. ;)
 

rthinman

Junior Member
Correct, Fankhauser was my judge, and from what the attorney said, who I called, I met the qualifications just fine.
 

rthinman

Junior Member
So I guess my question boils down to: Do I need an attorney to ensure I get this diversion program? If so, do I have to find a way to make $950 for one, or can I get a court appointed one (and if so, how? I've read things on how but I'm confused?

Or is there just a great chance that I'll be offered the program as long as i'm sincere with the prosecutor?

Thanks again.
 

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