I reside in Hamilton County, Ohio. We were arrested in the city of Montgomery.
Here are the facts of the arrest written down by me immediately after I returned home.
We went to Montgomery Park (in possession of marijuana and alcohol) and parked near the Annex Building in my car (2004 Impala). John, Mark, and Ray began to smoke marijuana using pipes. John opened the 24 pack of Bud Light and began drinking some. I did not smoke nor consume any alcohol. A drug test will corroborate that fact. A single cruiser came to the parking lot where I immediately shoved two beer cans under the seat. We also immediately hid the marijuana. The police officer came to the driver's window (I was the driver) and asked for the marijuana. The police officer then asked us for our IDs. Upon giving him the IDs, he called for backup . Shortly after, two additional cruisers came. The three police officers proceeded to search our bodies. They did not find anything on my body except for my cell phone. They placed us in the cruisers (John and I were together, Mark and Ray were separate). The officers then began to search the car (without asking me although they had probable cause). The search of the car found the two beer cans, the Bud Light case, two marijuana pipes, and rolling papers. The police officers then said that they would charge me with corrupting a minor, open container of alcohol in the vehicle, underage drinking, underage possession of alcohol, drug abuse, and drug paraphernalia. After locking the car, the police officers then drove us to the station where they filled out the arrest report. They also breath-analyzed us. Each one of us blew a .001, which they said was effectively a .000 due to the machine's limitations. The only charges on my arrest report were Drug Abuse and Prohibitions under 21 (I assume that means MIP or underage possession). They proceeded to let Mark, Ray, and I go since we were all of age (18). They, however, had John's father pick him up from the station. Mark, Ray, and I will appear in court together on August 5. John will appear in court on August 9.
To summarize: I am charged with Drug Abuse (minor misdemeanor) and Prohibitions under 21 (misdemeanor of the 1st degree).
The city ordinance: http://www.montgomeryohio.org/government/ordinances.htm
The section codes are 138.03 and 91.21
1) Will I need a lawyer to represent Mark, Ray, and I?
2) Is it a good idea to furnish to the judge a drug test of myself showing that I did not smoke marijuana?
3) When the judge asks me why I allowed Mark, Ray, and John to smoke and drink in my car, what is the best response to that?
4) Are there anything else I can do before the court date?
5) Is jailtime possible at all? I am leaving for college (New York) on the 19th. Will this endanger that?
Thanks very much.
(Names have been changed)
Here are the facts of the arrest written down by me immediately after I returned home.
We went to Montgomery Park (in possession of marijuana and alcohol) and parked near the Annex Building in my car (2004 Impala). John, Mark, and Ray began to smoke marijuana using pipes. John opened the 24 pack of Bud Light and began drinking some. I did not smoke nor consume any alcohol. A drug test will corroborate that fact. A single cruiser came to the parking lot where I immediately shoved two beer cans under the seat. We also immediately hid the marijuana. The police officer came to the driver's window (I was the driver) and asked for the marijuana. The police officer then asked us for our IDs. Upon giving him the IDs, he called for backup . Shortly after, two additional cruisers came. The three police officers proceeded to search our bodies. They did not find anything on my body except for my cell phone. They placed us in the cruisers (John and I were together, Mark and Ray were separate). The officers then began to search the car (without asking me although they had probable cause). The search of the car found the two beer cans, the Bud Light case, two marijuana pipes, and rolling papers. The police officers then said that they would charge me with corrupting a minor, open container of alcohol in the vehicle, underage drinking, underage possession of alcohol, drug abuse, and drug paraphernalia. After locking the car, the police officers then drove us to the station where they filled out the arrest report. They also breath-analyzed us. Each one of us blew a .001, which they said was effectively a .000 due to the machine's limitations. The only charges on my arrest report were Drug Abuse and Prohibitions under 21 (I assume that means MIP or underage possession). They proceeded to let Mark, Ray, and I go since we were all of age (18). They, however, had John's father pick him up from the station. Mark, Ray, and I will appear in court together on August 5. John will appear in court on August 9.
To summarize: I am charged with Drug Abuse (minor misdemeanor) and Prohibitions under 21 (misdemeanor of the 1st degree).
The city ordinance: http://www.montgomeryohio.org/government/ordinances.htm
The section codes are 138.03 and 91.21
1) Will I need a lawyer to represent Mark, Ray, and I?
2) Is it a good idea to furnish to the judge a drug test of myself showing that I did not smoke marijuana?
3) When the judge asks me why I allowed Mark, Ray, and John to smoke and drink in my car, what is the best response to that?
4) Are there anything else I can do before the court date?
5) Is jailtime possible at all? I am leaving for college (New York) on the 19th. Will this endanger that?
Thanks very much.
(Names have been changed)
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