Marijuana.com

JamesOH

The following is a pretty detalied account of what happened,Im 19yrs old and this happened in Ohio, followed by some questions:

We were drinking at a friends apartment which had just recently been broken into and burglarized (my friend suspected his neighbors in the apartment adjacent to him). About an hour goes by and we see the kids come home, so we go over their apartment to confront them, while we do this my girlfriend goes to wait in my car - she was in the car with an open beer and the keys were in her pocket not the iginition - By the time we get to the kids they were already gone and the cops were pulling into the parking lot. At this point everyone ran and hid in the woods. About a half hour goes by, and then I realized my girlfriend was still in my car. At this point I hear the cops yell MY NAME and come out or we are arresting your girlfriend for th pot found in my car. I guess that while we were in the woods the cops had my girlfriend get out of the car searched it, and found 4 bags of marijuana in the trunk totalling around 100 grams (seperated by different potencies), 2 bowls, and some baggies all in a shoe box in my trunk. So after I hear this I came up and let the cops arrest me, and I took blame for everything that was mine. At this point they let my girlfriend go. They Towed my car. And brought me to a holding cell at the sheriffs office. Well at the sherrifs office I was polite and respectfull to the cops, they kept me their for about an hour. They never searched my person or read me my rights(which I know doesnt really mean anything) - After this a cop (different than the one that arrested me) gave me a ride to the Local Big Boy, he let me use his cell phone to call for a ride, and than gave me his card and told me to call him if I needed anything.

- Its about 3 days later now, I have talked to the cop that gave me a ride since then he says that I have not been charged with anything all that it says is that I was arrested, and he would like to see me get off with a warning, but he stated that he was not the arresting officer. They have put my car in the impound lot with a hold on it. - Its aboiut a 12,000 dollar car, and I have only paid off about 3,000.

- The reason for this post, is to ask for any legal advice, should I get a lawyer? Are there any steps I can take to get back my car? - How Likely is it that I will get back my car? The car is actually in my Dads name, but I still pay everything, does this change anything? Was everything they did legal? Why have I not been charged with anything yet? Why did they not bring me downtown, fingerprint me or anything? Why did they let me go after an hour?

- I also thought I should add that neither me nor my girlfriend have been arrested for anything before.

-Anything else you guys could suggest would be greatly appreciated, thanks for yolur time..

 

Niteshift

There are too many questions that would require your GF to answer and knowing what is in the actual report to give you anything more specific than this:

Get a lawyer. You're probably going to need one.

__________________
A burning desire for social justice is never a substitute for knowing what you're talking about. -Thomas Sowell

Sometimes the light at the end of the tunnel is muzzle flash.

WNB

Ohio penalties for marijuana

It depends alot on what you're charged with, but the penalty for possession of 100 grams or less of marijuana is a civil citation in Ohio. But seeing as how you were arrested, you might be facing a distribution charge, which is more serious. Get a lawyer if you are.

__________________
War is Peace
Freedom is Slavery
Ignorance is Strength

Niteshift

Just guessing.........if they towed the car etc., I was figuring they were going for more than possession.

JamesOH

Thanks for your guys helps so far. If you have any questions you'd like me to ask my girlfriend, shed be happy to answer them, I will also check and see if I can get a copy of the police report online. Thanks again

 

VicFerrari

I've heard of stuff happening like this (can't remember where - probably in this forum). I think they usually can impound the vehicle for up to 5 days then you notice of a hearing to determine the cause/release procedure. You probably can waive the hearing and pay the tow fees to get the car back - it probably won't be cheap but certainly worth it. Usually this is done in conjunction with a DUI/DWS charge. Did your girlfriend or yourself get charged with DUI or get asked to blow into a breathalyzer or provide a urine sample?
I'd start griping to the impound people to get it back - most likely you are getting charged by the day for "storage" as well.
Don't talk to the cops/sheriff/whatever - they aren't there to help you. This rule always applies.

JamesOH

No neither me nor my girlfriend were charged with a DUI, my girlfriend did a field sobriety test and passed, I didn't have to take any brethalyzer, urine, or even field sobriety tests. I will call the tow company tomorrow, and keep you guys updated. Thanks again

Yana Usdi

I'd get a lawyer that's experienced in drug law, at least talk to one and don't say anything they can use in the meantime. My suspicion, and it's just a suspicion since I'm not familiar with the attitudes in Ohio, is that they may have property seizure in mind. According to the stats on the web page drugwarfacts.org on property forfeiture 80% of cases didn't even involve charges. That was before some Clinton reforms, but it still happens often enough I'm sure.

Then again you may get lucky and just get off so make sure not to take an attitude with the cops in case they are some of the few reasonable ones, just remember that it's their job to put people in jail or get property to fund the department so say as little as possible till you talk to that lawyer. They aren't necessarily your friends no matter how friendly or reasonable they may act.

Niteshift

According to the stats on the web page drugwarfacts.org on property forfeiture 80% of cases didn't even involve charges.

That's partly because that statistic is presented out of context.

Example: I stop a car for a traffic offense. During a search, I find $100K in cash hidden in the vehicle. The driver says: "It's not mine, I don't know anything about it". So he signs a statement saying it's not his.

Then we apply to the courts for a forfeiture hearing. The hearing is advertised. Nobody comes forward to claim it. Then there is a case called: State vs. $100K in US Currency. Nobody claims ownership, so it's forfeited. But there was no criminal charge.

Now, if the owner wants to come forward and claim it, he can. But they don't, because they know proving ownership will end up revealing it's source, which will get them arrested.

Likewise, if they do claim it, the IRS will meet them outside the courtroom and begin their investigation.

Argue about it if you like, but that's why many seizures involve no criminal charges. It applies to other items too.

JamesOH

Hey, Called the Tow Company Today, They said the car was impounded @ $12.00 a day, They said there was a hold on it, but all the cops put on the paper was "Hold For" and nothing else, she reccomended I call the Sherrifs Office to see what the hold was for, should I do this? Are there time restrictions on the amount of time a car can be on hold? - Thanks Again