My question involves criminal law for the state of: Ohio
SHORT VERSION:
I was stopped by a police officer for not displaying a front license plate. Officer asked why I was reaching between the seats while he was following me and asked to search the car. I declined. Officer called another car, claimed to smell marijuana and searched the car. They found a small marijuana pipe , a small metal herb grinder, and a pouch of tobacco with rolling papers. I was ticketed for no front plate, paraphernalia, and possession of less than 100g. If marijuana is legalized in Ohio before my trial can I ask the judge to dismiss the possession/paraphernalia charges, and if so how?
LONG VERSION:
I was driving my mother in law to the doctor one morning when a city police officer started following me on the freeway. After about a mile they turned on the lights and I pulled over. I am driving my brother's car and thankfully he has all of the registration and insurance forms in the glovebox. Officer informs me that he pulled me over for not displaying a front plate. I inform him that I am driving my brother's car, and hand over my license, insurance, and registration.
My mother in law, who speaks very little English, is visiting from Mexico for a medical procedure. About 10 years ago she was severely beaten by police officers in Mexico and still gets very upset around officers. She is in the passenger seat asking me, in Spanish, what is happening. Officer asks for her ID. While she looks for her passport he asks why I kept reaching between the seats while he was behind me. I pointed out that I drive a stick shift car. He then asks if he can search the car. I decline, hand over my mother in law's passport, and he returns to his car.
About 5 minutes later another officer pulls up. The first officer returns to my car and claims that he can smell marijuana in the car and asks me if I have been smoking. I inform the officer that I don't smoke marijuana. Second officer approaches the car and first officer asks me to step out. I am patted down and then placed in the back of a police car. Officer 2 escorts my mother in law out of the car, and she is visibly upset. He begins to question her, but she clearly doesn't understand his questions.
Officer 1 proceeds to search the car. After about 10 minutes he finds a small metal marijuana pipe, the size and color of a cigarette, between the cushions of the back seat of the car. In the spare tire compartment he finds a small metal marijuana grinder (about the circumference of a Kennedy half dollar and maybe an inch tall.
Officer 2 begins questioning my mother in law about these specific items. She doesn't understand what they are. Officer 1 returns with a small pouch of tobacco and rolling papers that was in the passenger side door pocket. He asks me where the rest of the drugs are, and offers to release me then and there if I assist with his investigation. I refuse, he reads my Miranda rights, processes the evidence, and issues me citations for no front plate, paraphernalia, and possession of less than 100g of marijuana, and released.
I plan to plead not guilty to all of the drug charges. The plates, well, not much grey area there, right? But is it worth waiting to see if marijuana is legalized in Ohio in the coming election? I imagine that I could delay a trial until after the election. Obviously not my defense strategy, but I imagine that courts have seen a fair amount of this situation with legalization laws happening in various states. How would I get the case dismissed in that event? Are there any other defenses that I might build in this case? I'm 38 and have a spotless record.
Thanks, and I'll try to keep posted as the struggle happens.
SHORT VERSION:
I was stopped by a police officer for not displaying a front license plate. Officer asked why I was reaching between the seats while he was following me and asked to search the car. I declined. Officer called another car, claimed to smell marijuana and searched the car. They found a small marijuana pipe , a small metal herb grinder, and a pouch of tobacco with rolling papers. I was ticketed for no front plate, paraphernalia, and possession of less than 100g. If marijuana is legalized in Ohio before my trial can I ask the judge to dismiss the possession/paraphernalia charges, and if so how?
LONG VERSION:
I was driving my mother in law to the doctor one morning when a city police officer started following me on the freeway. After about a mile they turned on the lights and I pulled over. I am driving my brother's car and thankfully he has all of the registration and insurance forms in the glovebox. Officer informs me that he pulled me over for not displaying a front plate. I inform him that I am driving my brother's car, and hand over my license, insurance, and registration.
My mother in law, who speaks very little English, is visiting from Mexico for a medical procedure. About 10 years ago she was severely beaten by police officers in Mexico and still gets very upset around officers. She is in the passenger seat asking me, in Spanish, what is happening. Officer asks for her ID. While she looks for her passport he asks why I kept reaching between the seats while he was behind me. I pointed out that I drive a stick shift car. He then asks if he can search the car. I decline, hand over my mother in law's passport, and he returns to his car.
About 5 minutes later another officer pulls up. The first officer returns to my car and claims that he can smell marijuana in the car and asks me if I have been smoking. I inform the officer that I don't smoke marijuana. Second officer approaches the car and first officer asks me to step out. I am patted down and then placed in the back of a police car. Officer 2 escorts my mother in law out of the car, and she is visibly upset. He begins to question her, but she clearly doesn't understand his questions.
Officer 1 proceeds to search the car. After about 10 minutes he finds a small metal marijuana pipe, the size and color of a cigarette, between the cushions of the back seat of the car. In the spare tire compartment he finds a small metal marijuana grinder (about the circumference of a Kennedy half dollar and maybe an inch tall.
Officer 2 begins questioning my mother in law about these specific items. She doesn't understand what they are. Officer 1 returns with a small pouch of tobacco and rolling papers that was in the passenger side door pocket. He asks me where the rest of the drugs are, and offers to release me then and there if I assist with his investigation. I refuse, he reads my Miranda rights, processes the evidence, and issues me citations for no front plate, paraphernalia, and possession of less than 100g of marijuana, and released.
I plan to plead not guilty to all of the drug charges. The plates, well, not much grey area there, right? But is it worth waiting to see if marijuana is legalized in Ohio in the coming election? I imagine that I could delay a trial until after the election. Obviously not my defense strategy, but I imagine that courts have seen a fair amount of this situation with legalization laws happening in various states. How would I get the case dismissed in that event? Are there any other defenses that I might build in this case? I'm 38 and have a spotless record.
Thanks, and I'll try to keep posted as the struggle happens.
Paraphernalia: What Happens to Pending Drug Trials Once a State Legalizes Marijuana
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