Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I was pulled over and issued a ova i am a ccw holder and my…

Customer Question
I was pulled over...

I was pulled over and issued a ova i am a ccw holder and my firearm was in my bag also in my bag was 7grams of marijuana and 4 pieces of paraphernalia what are the charges i could be facing

Lawyer's Assistant: In what state did this occur?

Ohio

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Thats all

Submitted: 8 months ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 4 minutes by:
11/15/2017
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 8 months ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,425
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified

Hi,

I'm Zoey.

I've reviewed your post. Is "ova" a typo? Was your firearm confiscated?

Ask Your Own Criminal Law Question
Customer reply replied 8 months ago
ovi and yes it was confiscated along with my ccw license
Customer reply replied 8 months ago
i do not prefer a phone call sorry
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 8 months ago

No phone call is necessary. THey are strictly optional and at an additional cost. Please give me a few moments to type a full answer.

Ask Your Own Criminal Law Question
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 8 months ago

You already know you're going to be charged with driving under the influence of drugs. You'll also be charged with possession of marijuana and the possession of the paraphernalia. Because the amount of marijuana was low and clearly for personal use, although it's a misdemeanor if you are convicted, there is no possible jail term associated with the possesion of either the marijuana or the paraphernalia. The maximum penalty for the drugs and paraphernalia would be $150 fine for each.

You can also be charged with this criminal offense. I'm linking you to the law, but I'm citing the relevant subsection:

2923.16 Improperly Handling Firearms in A Motor Vehicle.

(D) No person shall knowingly transport or have a loaded handgun in a motor vehicle if, at the time of that transportation or possession, any of the following applies:

(1) The person is under the influence of alcohol, a drug of abuse, or a combination of them.

Drugs of any kind and firearms don't mix under either state or Federal law. A violation of this subsection is a felony of the 4th degree in your state. Upon conviction, you will lose your ccw and your state and Federal gun rights.

Ask Your Own Criminal Law Question
Customer reply replied 8 months ago
could this be plead down to not losing my rights of gun ownership
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 8 months ago

The prosecutor has the authority to charge you with anything he or she feels is just. So in his discretion, it could be pled down. How likely that is depends entirely on the facts and circumstances.

At the very least, you're going to lose your ccw and your firearm. If the felony is dismissed or reduced to a misdemeanor, however, you would not lose your 2nd amendment rights.

Ask Your Own Criminal Law Question
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 8 months ago

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

Ask Your Own Criminal Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a criminal lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Zoey_ JD Your Own Question
Zoey_ JD
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,425
31,425 Satisfied Customers
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.

Zoey_ JD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,248 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,153 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,984 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,750 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,638 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

Barrister

Barrister

Criminal Defense Law

1,255 satisfied customers

17 years practicing criminal defense.

< Previous | Next >

Related Criminal Law Questions
Want to get CCW in Ohio, but I have a misdemeanor charge
Hi, I would like to get my CCW in Ohio. But I have a 1 degree misdemeanor charge back in 2004 for drug paraphernalia. Would like to know if I would get disqualified. This is in the state of Florida.… read more
Nisha Jones
Nisha Jones
Juris Doctorate
3,450 satisfied customers
My nephew received the following charges recently in the
My nephew received the following charges recently in the state of Maryland. 1. Assault-Sec Degree of an Officer 2. CDS: Possession Marijuana 3. CDS: w/ Intent Dist: Narc 4. Marijuana Para Poss/Dis 5. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,612 satisfied customers
I just got pulled over and received a citation 481.125
I just got pulled over and received a citation 481.125 and they asked if I've ever been arrested, and I answered yes, and they asked why, so I told them of marijuana. They asked if I had any in the ca… read more
Hammer O\u0027Justice
Hammer O\u0027Justice
Attorney
Juris Doctor
4,274 satisfied customers
I had a felony 5 theft expunged in hamilton county ohio a few
I had a felony 5 theft expunged in hamilton county ohio a few months back. I am looking to obtain my CCW. Would I be able to obtain them with it being expunged? I have no other charges pending or any … read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
Doctoral Degree
31,425 satisfied customers
after the ohio law changed in ohio for the decriminalisation
after the ohio law changed in ohio for the decriminalisation of drug paraphernalia if a person was found to have 4 to 6 grams of marijuana and a small bowl in their locked parked car that and while bo… read more
LegalEagle1
LegalEagle1
Attorney
Doctoral Degree
751 satisfied customers
My friend was pulled out of my car during a routine traffic
My friend was pulled out of my car during a routine traffic stop for "looking nervous" and "not making eye contact". He was found with a small amount of marijuana and paraphernalia, which led to my ca… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
My brother is an ex-con. Due to meth. He has served his time,
My brother is an ex-con. Due to meth. He has served his time, has completed probation, holds a good job, and has been clean for several years. My question centers around what would constitute fire arm… read more
Ely
Ely
Counselor at Law
Juris Doctor
3,248 satisfied customers
I was on my way to Austin TX when I got pulled over going 82
I was on my way to Austin TX when I got pulled over going 82 in a 75. When the officer came to my window he asked to talk to me on the other side of the car. We went to talk in his car so he could run… read more
Michael J, Esq.
Michael J, Esq.
3 satisfied customers
can i have my concealed weapons permit and a medical marijuanna
can i have my concealed weapons permit and a medical marijuanna card in the state of colorado?… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
Doctoral Degree
31,425 satisfied customers
It is illegal to own/possess/purchase a firearm and/or get
It is illegal to own/possess/purchase a firearm and/or get a CCW permit and have a MMJ card (the latter being the disqualifying factor for the two former). It is possible to contact, say the Colorado … read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
Doctoral Degree
31,425 satisfied customers
What do Wisconsin statutes and case law say about when it is/isnt
What do Wisconsin statutes and case law say about when it is/isn't legal for a CCW permit holder to brandish a concealed handgun?… read more
lwpat
lwpat
Doctoral Degree
6,615 satisfied customers
paraphilia charge . they found a pipe/bong in my house.I
paraphilia charge . they found a pipe/bong in my house. I donot won't the charge on my record. Will the charge stick?… read more
LegalEase101
LegalEase101
Attorney
Juris Doctor
1,763 satisfied customers
Recently I was at my girlfriends house and the police showed
Recently I was at my girlfriends house and the police showed up because her ex husband called and said I had marijuana the police asked me if they could search the house and I said yes . The homeowner… read more
Lucy
Lucy
Juris Doctor
130 satisfied customers
hello,Im in Iowa. I was raided and they found about 2 grams
hello,I'm in Iowa. I was raided and they found about 2 grams of marijuana,about a gram and a half in one baggie and a half gram in the other.amongst a good amount of paraphernalia(Bong,pipe,mushrooms,… read more
N Cal Attorney
N Cal Attorney
JD
6,798 satisfied customers
I have a valid concealed carry permit in state of CA. I am
I have a valid concealed carry permit in state of CA. I am a grower of medical marijuana for numerous dispensary's in bay area. Am I allowed to carry weapon while transporting the medicine. Please cit… read more
N Cal Attorney
N Cal Attorney
JD
6,798 satisfied customers
When I was 18 I was convicted of possession of marijuana in
When I was 18 I was convicted of possession of marijuana in ohio and paid out the ticket. Also the same year I was convicted of possession of marijuana and drug paraphernalia in kentucky. I am now 26 … read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
i was issued 2 tickets one for possession of a very small amount
i was issued 2 tickets one for possession of a very small amount of marawana and one for drug parafenalia in ohio a mayors court .............what are penalties if i plead guilty… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,638 satisfied customers
In the state of Ohio, What are the minimum and maximum consequences
In the state of Ohio, What are the minimum and maximum consequences of the following: drug abuse (marijuana), drug paraphenalia (marijuana), and window tinting, if being pulled over by the Ohio State … read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
2,153 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x