Legal Question in Criminal Law in Ohio

I'm a 19 year old student at Kent State University. Me and two friends were caught smoking a marijuana cigarette on campus towards the end of January. We went to court, we were charged with possession, and our diversion program begins March 5th. However, early morning on February 26th, I was riding in a car with three friends and we had just left a party that we had a little bit to drink at. We were headed away from parties and decided to stop at Taco Bell. As soon as we were handed our food through the drive-thru, a cop knocked on the window. He asked "where is the beer?". I was sitting in the backseat. On the front floor under my friend's feet in the passengers seat was an open case of beer and there was a red cup with alcohol and an open can of beer in the middle console. We all admitted to drinking beforehand and all of us were charged with underage consumption, were handcuffed, brought to jail for a couple hours, then were released. None of us had drank very much and the driver wasn't given a DUI. Also, we don't know how the cops knew there was alcohol in the car. Maybe there was cameras in Taco Bell's drive-thru, but I'm not sure how they knew to knock on our window. My court date is this Wednesday, February 29. I'm not sure whether to plead guilty or not guilty. My father is a lawyer and said to plead not guilty even though I admitted to drinking. He said, this way, I could get a lawyer after court and discuss my options. But with two offenses, I'm assuming I won't be able to do diversion and both charges will stay on my record. Also, if I plead guilty, I'm assuming the charges in that situation also would remain on my records. If I plead not guilty, is that more risky and could I get in more trouble? Which should I plead? I'm worried that if I plead not guilty, the cops can prove that there were open containers in the car and I would get in more trouble.


Asked on 2/27/12, 8:37 pm

1 Answer from Attorneys
Eric Willison Eric Eastman Willison

In Ohio, you should always plead not guilty at the arraignment so that you can get an attorney and see the nature of the evidence against you. Further, the attorney can look at the case to see if there is anything that might justify suppressing the evidence (like an improper stop of the vehicle by the police officer).

You can always change your plea to guilty later if it appears that there is no basis to fight the charges. Courts will not hold an initial not guilty plea against you in sentencing since it was only filed to examine the evidence against you which every person has a right to do. You should plead not guilty and see about getting an attorney to help you with the charges. If you cannot afford one you should inquire with the court about getting a public defender.

Read more
Answered on 2/28/12, 9:13 am


Related Questions & Answers

More Criminal Law questions and answers in Ohio