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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: 5 months ago.Category: Criminal Law
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Answered in 4 minutes by:
11/15/2017
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 5 months ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,064
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?

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Customer reply replied 5 months ago
ovi and yes it was confiscated along with my ccw license
Customer reply replied 5 months ago
i do not prefer a phone call sorry
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 5 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.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 5 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.

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Customer reply replied 5 months ago
could this be plead down to not losing my rights of gun ownership
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 5 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.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 5 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.

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