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

[cyjeff]

Again, lying in court turns a misdemeanor pot bust into felony perjury.

NEVER lie in court. It is a very bad thing to do.

labeling a bag and saying, in court, that the bag belongs to an officer is a great way to meet many smelly men in close proximity...

 

[Dillon]

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.

just like, if you left your wallet under my car seat and i had a few dollars in my pocket, how do i know you left your wallet in my car, if i didnt see it.


and besides, if there is no corpus delicti there is no CRIME, get it?

no injured body, no damaged property and no breach of the peace, Correct?

 

[Dillon]

Again, lying in court turns a misdemeanor pot bust into felony perjury.

NEVER lie in court. It is a very bad thing to do.

labeling a bag and saying, in court, that the bag belongs to an officer is a great way to meet many smelly men in close proximity...

the accused dont have to say nothin

youre correct, dont lie anywhere. but cops, judges and lawyers lie all the time in court, so what's your point?

i wish i has a dime for everytime a cop lied to a suspect

i believe he said it was not his pot, did you read that?

 

[CdwJava]

Yep, he said it was not his pot. But, as has been mentioned numerous times, possession is NOT about OWNERSHIP, it is about dominion and control. I might be carrying your dope, but I am still in possession of dope. I might be sitting next to your dope, but since I have the ability to manipulate it and I know it's dope, I am in possession. The crime is not possessing dope for which you exchanged something of value to obtain.

The state will have to show beyond a reasonable doubt that the dope belonged to the OP. Whether they can do that or want to try and prove it, none of us can say. I have seen cases go both ways. The devil is in the details - details that we are not privy to.

 

[Dillon]

Yep, he said it was not his pot. But, as has been mentioned numerous times, possession is NOT about OWNERSHIP, it is about dominion and control. I might be carrying your dope, but I am still in possession of dope. I might be sitting next to your dope, but since I have the ability to manipulate it and I know it's dope, I am in possession. The crime is not possessing dope for which you exchanged something of value to obtain.

The state will have to show beyond a reasonable doubt that the dope belonged to the OP. Whether they can do that or want to try and prove it, none of us can say. I have seen cases go both ways. The devil is in the details - details that we are not privy to.

so, your are saying its not a crime to OWN pot, just to posses it?

again if no damaged property, injured body or no breach of the peace mean no crime. no valid criminal cause of action. get it?

it does not matter if the pot is owned, possessed or abandoned property its not a crime. no corpus delicti

 

[Isis1]

so, your are saying its not a crime to OWN pot, just to posses it?

again if no damaged property, injured body or no breach of the peace mean no crime. no valid criminal cause of action. get it?

it does not matter if the pot is owned, possessed or abandoned property its not a crime. no corpus delicti

can we get a shooting smiley? seriously

 

[Antigone*]

can we get a shooting smiley? seriously

:shootingsmiley: :shootingsmiley: :shootingsmiley:

who knows Isis, maybe if we click our heals and say it three times, he'll go home.

 

[Dillon]

can we get a shooting smiley? seriously

you need to do your homework and study what corpus delicti is and its history , its no joke, go to any law library and get all the cases on corpus delicti and come back and talk to me then?

what are the elements of a crime and the elements of standing in cour?

you dont know or understand the law, do you?

 

[CdwJava]

so, your are saying its not a crime to OWN pot, just to posses it?

Since owning is also possession, then the same offense (possession) covers both.

If I pay for it and someone else transports and holds it, I may not be in possession, but I am part of a conspiracy for sales or distribution.

There is no crime that I am aware of that requires OWNERSHIP of a drug.

again if no damaged property, injured body or no breach of the peace mean no crime. no valid criminal cause of action. get it?

What?

A crime is generally defined as ... An act or omission, by a person, in violation of a statutory law, for which there is a prescribed punishment. If you think injury, damage or a breach of the peace is required to make it a crime, you have been reading some of the wrong legal books.

As an example, here is the definition in MY state of California from Penal Code section 15:

15. A crime or public offense is an act committed or omitted in
violation of a law forbidding or commanding it, and to which is
annexed, upon conviction, either of the following punishments:
1. Death;
2. Imprisonment;
3. Fine;
4. Removal from office; or,
5. Disqualification to hold and enjoy any office of honor, trust,
or profit in this State.​

it does not matter if the pot is owned, possessed or abandoned property its not a crime. no corpus delicti

Funny how the defense bar has not figured that one out and how people get convicted for drug possession all the time, and how the courts have upheld drug laws all the way to the USSC.

By definition, if there is a valid statute covering it, it is a "crime."

You are not the only one to make this fringe argument. Many others here, on the internet, and in the courts have posted this opinion and they are just plain wrong. You may WANT the law to be that way, but it is not. You can argue how you would like to see the law til the cows come home, but it will no change the legal reality.

Tell you what, YOU get a majority of like-minded folks in your state legislature or the Congress, and you can try to change the laws to reflect this concept of yours. The heck with all the administrative, procedural, and order laws that exist - we'll just live in chaos until someone kills someone else ... just as long as we don't try them in a court with gold fringe on the flag!

 

[cyjeff]

so, your are saying its not a crime to OWN pot, just to posses it?

again if no damaged property, injured body or no breach of the peace mean no crime. no valid criminal cause of action. get it?

it does not matter if the pot is owned, possessed or abandoned property its not a crime. no corpus delicti

From now on, you can only post after your mommy gives you a note that proves you have taken your meds first.

 

[Indiana Filer]

you need to do your homework and study what corpus delicti is and its history , its no joke, go to any law library and get all the cases on corpus delicti and come back and talk to me then?

what are the elements of a crime and the elements of standing in cour?

you dont know or understand the law, do you?

Dillon,

Have you actually ever read/studied/heard anything about the law, or do you simply pull your "knowledge" out of your nether regions?

 

[john_phillips]

yes, there was no damaged property or injured body nor a breach of peace.
and if i said that the pot was not mine, and they try to use the "specks" of pot against me. the officer did not take it in for sampling, how could they prove that it was actually pot?

i did not admit nothing!

it could have been a booger or something. there are alot of things in this world that are green, not just pot. baha

and again the bowl?
it was the same distance away from the friend in the back than the pot was from myself?


if i had dominion and control over the pot then my friend clearly had dominion and control over the bowl, but yet he didn't charge any one for that,

 

[john_phillips]

Since owning is also possession, then the same offense (possession) covers both.

If I pay for it and someone else transports and holds it, I may not be in possession, but I am part of a conspiracy for sales or distribution.

There is no crime that I am aware of that requires OWNERSHIP of a drug.


What?

A crime is generally defined as ... An act or omission, by a person, in violation of a statutory law, for which there is a prescribed punishment. If you think injury, damage or a breach of the peace is required to make it a crime, you have been reading some of the wrong legal books.

As an example, here is the definition in MY state of California from Penal Code section 15:

15. A crime or public offense is an act committed or omitted in
violation of a law forbidding or commanding it, and to which is
annexed, upon conviction, either of the following punishments:
1. Death;
2. Imprisonment;
3. Fine;
4. Removal from office; or,
5. Disqualification to hold and enjoy any office of honor, trust,
or profit in this State.​

Funny how the defense bar has not figured that one out and how people get convicted for drug possession all the time, and how the courts have upheld drug laws all the way to the USSC.

By definition, if there is a valid statute covering it, it is a "crime."

You are not the only one to make this fringe argument. Many others here, on the internet, and in the courts have posted this opinion and they are just plain wrong. You may WANT the law to be that way, but it is not. You can argue how you would like to see the law til the cows come home, but it will no change the legal reality.

Tell you what, YOU get a majority of like-minded folks in your state legislature or the Congress, and you can try to change the laws to reflect this concept of yours. The heck with all the administrative, procedural, and order laws that exist - we'll just live in chaos until someone kills someone else ... just as long as we don't try them in a court with gold fringe on the flag!

and what about in the state or Ohio?

whats considered a crime in Ohio?
that's where i am located. and to be exact the so called "crime" took place in Erie county.

 

[Banned_Princess]

yes, there was no damaged property or injured body nor a breach of peace.
and if i said that the pot was not mine, and they try to use the "specks" of pot against me. the officer did not take it in for sampling, how could they prove that it was actually pot?

i did not admit nothing!

it could have been a booger or something. there are alot of things in this world that are green, not just pot. baha

and again the bowl?
it was the same distance away from the friend in the back than the pot was from myself?


if i had dominion and control over the pot then my friend clearly had dominion and control over the bowl, but yet he didn't charge any one for that,

Like you said dude, if they charge you as a minor you have to go through a hassle to have it basically cleared off your record completely.



If they charge you as an adult, depending on the sentence, probably you have to pay some money, and do some type of probation, and you might or might not have an open record of a pot conviction.


How can we possibly know what will happen. Did you get a lawyer??? how about on your court date, you have one, and ask him what your options are.


As for the hubble above in your thread, I suggest you take only the advice of the senior members.

The pot is yours in that it was sort of in your possession. Dont you think the cops would know if they couldn't get you for it? I'm sure the conviction rate of the district, or county, starts at the officer.

Welcome to your life in the justice system.

 

[CdwJava]

and what about in the state or Ohio?

whats considered a crime in Ohio?
that's where i am located. and to be exact the so called "crime" took place in Erie county.

The basic definition of a crime is very similar all over. Dillon is following a line of thought prevalent with the rightist fringe such as Freeman and that ilk who do no tend to believe that many laws or courts apply to them. The state of Ohio will adhere to the same statutory laws that the other states do and even in your state the definition of a crime will adhere to the same basic outline I described ... an act or omission, by a person, in violation of a statutory law, for which ehtre is a prescribed penalty.

In Ohio the language can be found in subsection (B) for 2901.03 of the ORC:

2901.03 Abrogation of common law offenses.

(A) No conduct constitutes a criminal offense against the state unless it is defined as an offense in the Revised Code.

(B) An offense is defined when one or more sections of the Revised Code state a positive prohibition or enjoin a specific duty, and provide a penalty for violation of such prohibition or failure to meet such duty.

(C) This section does not affect any power of the general assembly under section 8 of Article II, Ohio Constitution, nor does it affect the power of a court to punish for contempt or to employ any sanction authorized by law to enforce an order, civil judgment, or decree.​

Now, the reason they probably did not charge the driver is that the substance was in a position where he could not effect immediate control as it was next to you and on the other side of the car from the driver. Unless you dime off the driver, you are probably stuck with the possession charge alone.

It's your call what you want to do. But, if you do not dime him off, be prepared to take the hit for the possession charge. Maybe you'll get lucky and your attorney can raise reasonable doubt without ever putting you on the stand. Maybe. More than likely, a plea will be offered including probation and diversion and it may be better than spending a few thousand dollars on an attorney. Again, your call.