should i consult a lawyer for my son who got a misdeanor for possession of marijuana

by Adrain Oberbrunner I 3 min read

What happens if I get caught with marijuana in Ohio?

Violators face fines of up to $2,500 and 1 year in jail. 1,000 to 20,000 grams: Penalties include fines of between $5,000 and $10,000 and up to five years in prison. 20,000 to 40,000 grams: Penalties include a minimum of five years in prison (maximum of eight years) and between $7,500 and $15,000 in fines.

How much marijuana is a misdemeanor in Ohio?

100 gramsPenalties for Possession of Marijuana in Ohio Possession of up to 100 grams of marijuana (or the equivalent in solid or liquid hashish) is considered a minor misdemeanor that may result in a $150 fine, but no jail time is required, and the offense is not included on the defendant's criminal record.

What is the penalty for marijuana possession in Maryland?

Possession of between 10 grams and less than 50 pounds of marijuana is a misdemeanor with a punishment of up to one year imprisonment and a fine not exceeding $1,000. Possession of 50 pounds or more of marijuana carriers a punishment of a minimum of 5 years imprisonment and a fine not exceeding $100,000.

Is possession of marijuana a misdemeanor in NY?

New York Penal law includes a total of 6 possession of marijuana charges. One is a violation, 2 are misdemeanors, and 3 are felonies. Unlawful possession of marijuana involves knowingly and unlawfully possessing marijuana. It is a violation.

How do you get a possession charge dismissed?

If the prosecutor cannot prove the defendant knowingly and intentionally possessed the drugs through the use of witness statements, audio/video recordings, physical evidence, and crime lab analysis, then the drug possession charge should get dismissed or the defendant found not guilty at trial.

What are the charges for marijuana in Ohio?

Possession of marijuana in Ohio law is a minor misdemeanor for having less than 100 grams. The penalty for a minor misdemeanor possession of marijuana is a $150 fine. For a first-time offense, the court will not impose a jail sentence.

Is marijuana concentrate legal in New York?

Unfortunately, New York does not apply its Marihuana decriminalization law to concentrated cannabis. Less than an ounce of cannabis concentrate may lead to a felony charge. Any person arrested or charged for possession of THC concentrates may face possible incarceration and lofty fines.

What happens if you get convicted of possession of marijuana?

A conviction for a simple possession of marijuana charge can result in a: Suspension of your driver's license. Loss of financial aid. Loss of current or future employment. Loss of your right to possess ...

What are the defenses to drug charges?

The defense of crimes of this nature varies widely with the charge. Because of the serious consequences involved, each drug defense must be tailored to the specific facts of the case. Many possible defenses exist, including: 1 Constitutional violations 2 Proper identification and measurement of the alleged drug 3 Surveillance and informant use 4 Entrapment 5 Other relevant issues

Is possession of marijuana a misdemeanor?

Possession of marijuana in an amount less than 100 grams is a minor misdemeanor, and possession of drug paraphernali a is also a misdemeanor.

Who is the attorney for misdemeanor possession of marijuana?

If you have been charged with misdemeanor possession of marijuana, it is essential that you contact the Joslyn Law Firm immediately. Brian Joslyn of the Joslyn Law Firm is an experienced Columbus marijuana possession lawyer who will listen to the particular facts and circumstances of your case and tailor a defense that is right for you.

How much is the penalty for possession of marijuana in Ohio?

Possession of marijuana in Ohio law is a minor misdemeanor for having less than 100 grams. The penalty for a minor misdemeanor possession of marijuana is a $150 fine. For a first-time offense, the court will not impose a jail sentence.

What is a misdemeanor in Ohio?

Under Ohio law, the elements of misdemeanor marijuana possession include knowledge and/or reasonable belief that the substance is marijuana. Knowledge consists of the specific intent and purpose to possess marijuana. A reasonable belief is formed according to what a person of average intelligence would believe under the circumstances.

What is the right to protection from unlawful searches and seizures?

Every individual has the constitutional right to protection from unlawful searches and seizures, which include potentially manufactured evidence by law enforcement officials for the prosecution purposes, lack of a search warrant, and improperly executed search warrants.

Is marijuana possession a felony?

Although misdemeanor possession of marijuana charges are less harsh than felony charges and/or convictions of controlled substances and other drug-related charges, severe consequences often can follow an arrest, charge and/or conviction of misdemeanor marijuana possession. Penalties can include harm to military status, harm to academic financial aid, ineligibility to work in certain professional fields, disciplinary action and automatic driver’s license suspensions.

Can you get a criminal defense attorney for simple possession?

Whether you hire an attorney or request court appointed counsel, ie public defender, the simple answer is yes. Simple Possession is a class A misdemeanor punishable by up to 11 months 29 days in jail. A drug conviction on your record can effect employment opportunities, student loan eligibility under certain circumstances, etc. With much at stake, I would suggest that you obtain a criminal defense attorney.

Is a public defender a good attorney?

That being said, you can always "settle" your case if you are willing to agree to the DA's officer. In many cases the DA's offer isn't your best option.

What must the prosecution prove in a possession case?

An individual may be charged with misdemeanor possession of marijuana if the individual has less than 20 grams of the substance in his possession.

How can my attorney defend against my charges?

There are many possible defenses that may be available in your possession case.

Penalties for misdemeanor possession of marijuana

Possessing less than 20 grams of marijuana is punishable by up to one year in jail, up to a year of probation, and up to a $1,000 fine. If you are adjudicated guilty there is a mandatory driver’s license suspension of one year. Some judges sentence first time offenders to probation.

Call Robert Corse, Attorney at Law today

Attorney Robert Corse is skilled in defending his clients against misdemeanor marijuana possession charges and works hard to ensure they receive the representation they deserve. To schedule your free consultation, call 904-634-1701.