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

[Ohiogal]

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.

Child I have answered you. Now you can listen to me or the legal idiot that only thinks he is writing comprehensible English.

 

[Dillon]

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.



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."

how does the state have standing in court without someone being injured?


Standing requirements for a valid cause of action for a court to have jurisdiction

There are three standing requirements:

Injury: The plaintiff must have suffered or imminently will suffer injury - an invasion of a legally protected interest which is concrete and particularized. The injury must be actual or imminent, distinct and palpable, not abstract. This injury could be economic as well as non-economic.

Causation: There must be a causal connection between the injury and the conduct complained of, so that the injury is fairly traceable to the challenged action of the defendant and not the result of the independent action of some third party who is not before the court.

Redressability: It must be likely, as opposed to merely speculative, that a favorable court decision will redress the injury


no injured party, no damaged property, no breach of the peace, and no body's legal rights were violated mean no legal standing in court and therefore no crime having been commited, correct?


why even have public offences, does it matter if a crime is commited in private or public. its still a crime, correct?

you really believe government follows its own laws, you can believe that if it gives you comfort?

 

[moburkes]

Write in complete sentences, and use valid arguments, and people might take time to read your nonsense.

 

[>Charlotte<]

john_phillips, my advice to you is to trust CdwJava's many years in active law enforcement and Ohiogal's years in law school and her law practice more than Dillon's Wikipedia search for locus standi.

 

[cyjeff]

Every so often, someone comes along that thinks they can stand 200 years of jurisprudence on it's head because he/she thinks they figured out the ghost in the machine.

I think it has to do with prolonged use of weed, overexposure to Pauly Shore movies at a young age and eating lead paint chips.

just a theory, though.

 

[moburkes]

john_phillips, my advice to you is to trust CdwJava's many years in active law enforcement and Ohiogal's years in law school and her law practice more than Dillon's Wikipedia search for locus standi.

That's the best advice I've read in several weeks.