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If someone gets pulled over and has enough evidence to be…

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If someone gets pulled over...
If someone gets pulled over and has enough evidence to be charged with trafficking marijuana but it’s under 100grams with a scale and other selling contraband, will they be taken to jail in Ohio?
Submitted: 1 month ago.Category: Legal
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Answered in 16 minutes by:
3/21/2018
Lawyer: Zoey, JD, Attorney replied 1 month ago
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 30,024
Experience: Active member of the NYS bar since 1989
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Lawyer: Zoey, JD, Attorney replied 1 month ago

Typically, for a trafficking felony, yes in my experience he'd be brought in, booked and held until arraignment, though police may set bail that he can make. He can also end up with his car impounded as the instrumentality of a crime.

Once arraigned, it's possible however, for him to be released on his own recognizance, assuming he has no warrant history, has roots in the community, has no serious criminal history and has nothing that would indicate to the court that he'd be a flight risk if released.

The maximum possible penalty for this is only a year, so if he has no criminal history, the possibility having to do jail time is unlikely unless he fights the case all the way to trial and loses.

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Customer reply replied 1 month ago
If the police are outside of my house pulling over everyone who leaves my house, is that harassment?
Lawyer: Zoey, JD, Attorney replied 1 month ago

Yes. I would say so, if the only reason they are being pulled over is their connection with you.

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Customer reply replied 1 month ago
How should I pursue this? Call the police station
Customer reply replied 1 month ago
They keep using the excuse that ppl aren’t turning there turn signals on 100 ft before the stop sign
Lawyer: Zoey, JD, Attorney replied 1 month ago

You can file a complaint with the superiors of the officers who are stopping your visitors. You can also report it to Internal Affairs and to your state Attorney General's Office. You can sit down with a local civil rights lawyer and consult about a harassment suit, but since they are stopping your visitors rather than you, there may be an issue of legal standing to sue.

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Lawyer: Zoey, JD, Attorney replied 1 month 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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Customer reply replied 26 days ago
If the police obtain a search warrant of my house, can they legally open a locked safe? If not, under what circumstances can they?
Lawyer: Zoey, JD, Attorney replied 26 days ago

It depends upon the wording within the search warrant and what they are looking for. But in general, if the warrant gives them permission to search the contents of the house for drugs, for example, they can search anywhere within the house where it would be reasonable for the contraband to be found. That would include a locked safe. They would not need any additional authority to open it and seize the contents if drugs were found.

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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).

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