paraphernalia charge in ohio

[jjb87]

Hey Folks,
I am a 20 yr old male from the great state of Ohio. Last night i was pulled over for expired tags (since July) and unfortunately I also had a marijuana pipe. I know Ill be facing a license suspension, hefty fines, and court costs but i was wondering if there was any other information i might be able to procure so I'm not going into this thing completely blind. Any help would be greatly appreciated.
Thanks,
JB

 

[xylene]

Hey Folks,
I am a 20 yr old male from the great state of Ohio. Last night i was pulled over for expired tags (since July) and unfortunately I also had a marijuana pipe. I know Ill be facing a license suspension, hefty fines, and court costs but i was wondering if there was any other information i might be able to procure so I'm not going into this thing completely blind. Any help would be greatly appreciated.
Thanks,
JB

OK.

For starters how did the pipe come up?

 

[jjb87]

Well the officer asked me to step out of the car shortly after i had stopped. he frisked me put me in the back of the cruiser and wrote me the citation for the expired tags. while we were waiting for the tow truck the officer said he would need to take an inventory of the things in the car just to prove he or the tow people will not take anything. when he went to my car to grab my check book and cigarettes he also found the pipe. it wasn't necessarily a search but i still consented. i offered to grab my own things but he would have none of that i guess. The cop conducting the search was very polite and did a very good job of making sure i wasn't freaking out about the whole thing.

 

[jjb87]

But mostly i was just wondering what to expect in court.

 

[seniorjudge]

Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts or caps.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)”


Here are seven stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I’ve got a job/military posting in [name a place five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn’t stopped some defendants from using both.)

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

6. I was influenced by a bad crowd.

7. I/my kid/my whatever has surgery scheduled.


https://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender’s advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.

 

[jjb87]

Well the officer told me that its kind of a combo drug/traffic court that i am going to. I was not planning on pleading anything but guilty nor was i planning on telling any sob story because i would assume the judges have heard them all. That is not saying that i will not sound remorseful. The maximum to my knowledge is 30 days in jail and a $750 fine.

Not to sound completely ignorant but what is a deferred sentence? And thanks everyone for the advice I appreciate it.

 

[jjb87]

this means you serve out the sentence handed down (say, 2 years probabtion) and once completed it is taken off your record, as long as you fulfill all the requirements of probation.

here's a good description: http://www.gustafsonlaw.com/Crim-Sent-Deferred_Sentence.htm#DS-3

So you're telling me that i will have to serve the 30 days probably in addition to 2 years probation? That would stink but i mean it is what it is.

 

[jjb87]

Ah i see, well here is hoping ill be able to get that deferred.

 

[jjb87]

With or without the deferment is it normal or the usual to get jail time with this sort of offense? It is my first, so hopefully no.

 

[jjb87]

Haha well if that is the case i wont have much of a choice. In Ohio it is a misdemeanor, of what degree i am not certain.

 

[toxic420]

ok i did alot of searching around when my boyfriend and i were pulled over and i was charged with possession and he was charged with paraphernalia. i read 100 different things ranging from 30 days in jail and fines/cpourt cost to 180 days in jail and fine/costs... we have both been to court and gotten the actual info now so i wanted to post it for anyone who goes searching like i did.
We both had no priors and no attorney. It was in Butler County (west chester). For ANY drug related charge it is a mandatory 6 month license supension. Ok for possession (any amount under 100 grams) i pled guilty. the fine was $100 and court costs were $105. the costs and fines may vary depending on which court you are in. and loss of license for 6 months. it is a minor misdemeanor.
For his paraphernalia w/o lawyer, he pled guilty. it is a possible 30 days in jail and $250 fine plus court costs. The judge suspended the jail and $150 of the fine. He was put on 2 years good behavior. No reporting or drug tests. 6 months loss of license.
We are both able to get driving privileges as long as we take and pass a drug screen.
Hopefully this is helpful to someone out there.