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Old 11-12-2007, 07:40 PM   #1
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Default Paraphanalia

My good friend who is a girl and I were smoking on a bench around campus...I never liked the spot and I am constantly on top of my look outs because I am very paranoid of anybody watching which is why I'm pissed that she wanted to go to this spot so badly when I know it was bad. A cop ended up sneaking up on us and charging both of us with paraphanalia when I was not even using the pipe. He said he saw us both using it which I never even used it because she was smoking a personal, and when the dumb cop even came over he said "hey let me see that joint or pipe that you were using" this would mean that he never saw us smoking because he would've knew it was a pipe right away....He ended up giving both of us and I quote "No person shall knowingly possess with purpose to use drug paraphanalia" and this was not even my pipe and nor was I actually smoking at the time being. I was only smoking a cigarette...yet the cop being the a$$face he is still gave me the paraphanalia charge. I don't know whether it's better to just plead not guilty and fight it or to just plead no contest and explain my story.

I need some suggestions!
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Old 11-12-2007, 08:16 PM   #2
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No contest is a guilty plea, it just avoids any civil liability.

Your story is not clear, did you actually smoke MJ with your "good friend" or not? Did your "good friend" explain the circumstances to the officer and take ownership of the pipe? What State are you in? Are you a minor?

One of the folly's of youth is the idea that some failure in police procedure or some constitutional issue will trump their being caught red handed. It doesn't.
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Old 11-12-2007, 08:37 PM   #3
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No, I did not smoke MJ with my friend and my story is clear...I was simply smoking a cigarette and the girl told him that the pipe was her's not mine....I live in Ohio and i am not a minor...this isn't a major deal as you think it is...they said I'd go to the local court and the case would last 5 min. with me probably getting judiciary classes and a fine. I still don't want to have to pay a fine for something that I know I didn't do...but yet I get accused of paraphanalia possession when it was not mine and I was not participating.
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Old 11-12-2007, 08:42 PM   #4
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Quote:
Originally Posted by ZEP1718 View Post


..I live in Ohio and i am not a minor...this isn't a major deal as you think it is....

He isn't thinking this is a big deal. You're the one that came on here and posted about it (twice)

and asked for some advice and he gave it you (or at least tried, needed more info), and you respond back to him that way.
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Old 11-12-2007, 08:43 PM   #5
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Then I assume your friend will join you in court and state the circumstances as you have offered them?
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Old 11-12-2007, 10:19 PM   #6
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If you did not do what you are being accused of, then invoke your right to a trial and make the state prove its case. Only you know what the truth is in this case.
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Old 11-15-2007, 05:26 AM   #7
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If you live in Ohio, I would definitely do everything you can to make sure you don't get charged with possession - especially if your friend already claimed possession of the pipe. How can they charge two people with the possession of one pipe?

Do you realize the fine in Ohio for the pipe is going to run you $750.00? Check out NORML on Ohio laws:

Ohio - NORML

I'm not sure if they really jail anyone for this, but it says they can. It is worse to have a pipe, etc. there than it is to have under an ounce of weed.
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Old 11-15-2007, 05:53 AM   #8
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The punishments listed on NORML are Maximum punishments. Few judges will give anyone the max for paraphenilia or misd. possession. For example, in South Dakota, I could have gotten a punishment of 1 yr, 30 days in jail, and a fine of $1200, when I was busted for possession of marijuana (under 2 ozs) and possession of paraphenilia. The reality of my sentence was far different.....60 days in jail, all suspended, and a fine of $600, which also included court costs and the drug testing fee. I was also put on "unsupervised" probation which amounted wholly to "don't get in trouble for a year" which I didn't.
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Old 11-28-2007, 07:21 PM   #9
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The fine was only going to be $180 but still I'm not going to get that because I am innocent and didn't participate unless the girl I was with screws me over and trust me she's really dumb so I'm not ruling that out.
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Old 11-28-2007, 09:04 PM   #10
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Quote:
Originally posted by Zep1718:
The fine was only going to be $180 but still I'm not going to get that because I am innocent and didn't participate
but in your original post you said:

Quote:
Originally posted by Zep1718:
My good friend who is a girl and I were smoking on a bench around campus

hmmm....
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